Terms and Conditions of Use for the PETROL GO Mobile Application

1. Introductory provisions

These terms and conditions of use for the PETROL GO mobile application (hereinafter: "terms and conditions") are set by PETROL, Slovenska energetska družba, d.d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana, registration number: 5025796000, VAT ID: SI80267432, registered with the District Court in Ljubljana (hereinafter: "PETROL"). These terms establish the obligations, rights, and conditions for using the PETROL GO mobile application. PETROL d.d., Ljubljana reserves the right to involve other companies within the Petrol group to provide services.

These terms and conditions apply to all upgrades and/or new versions and/or any other modifications to the mobile application.

If the user wishes to use the PETROL GO mobile application with a physical or virtual Petrol club loyalty card, a physical Petrol club payment loyalty card (collectively referred to as: Petrol club cards), or a silver or grey business card (hereinafter: Petrol business payment card), they must be the holder of either Petrol club card or the user of the Petrol business payment card. The conditions for using the Petrol club payment loyalty card, Petrol club loyalty card, or Petrol business payment card are governed by the corresponding General Terms of Use for Petrol club cards. The General Terms of Use for the Petrol club loyalty card, the General Terms of Use for the Petrol club payment loyalty card, and the General Terms of Use for Petrol business payment cards are available on the website www.petrol.si and form an integral part of these terms and conditions, while these terms and conditions supplement the general rules of the Petrol club card.

2. Definitions

The terms used in these terms and conditions have the following meanings:

Users of the mobile application or users can be individuals who are at least 15 years old or 18 years old (the age limit of 18 years applies to users in Croatia) and are partially or fully legally capable, and who obtain or use goods, services, or digital content through the mobile application for purposes outside their professional or commercial activities (i.e., consumers), as well as legal or natural persons who obtain or use goods, services, or digital content through the mobile application for the purpose of conducting their professional or commercial activities. Certain rights mentioned in these terms and conditions apply only to users who are consumers, as expressly defined in these terms of use.

A consumer or user consumer is, in accordance with the applicable consumer protection legislation, a natural person who obtains or uses goods, services, and digital content for purposes outside their professional or commercial activities.

The mobile application refers to the Petrol Go mobile application, which enables users to make payments for goods, services, and digital content at PETROL points of sale or to purchase certain goods, services, and digital content from PETROL's offer remotely. The range of goods, services, and digital content that can be paid for or purchased using the mobile application is listed in the mobile application. The provider and rights holder of the mobile application is PETROL.

Registration refers to the first entry into the database, where the user enters the required information, gives consent to the terms and conditions, and confirms familiarity with their content. This creates their “My Petrol user account” (hereinafter: user account).

Login means that all necessary information has already been entered into the database, the user's email address has already been confirmed in the database (activated), and the user account has already been created. For each subsequent access to the service, only the email address and password need to be entered, and the user can change the password later if desired.

Customer data refers to all data related to the contractual relationships between the customer and PETROL (electricity, natural gas, Petrol club loyalty card, Petrol club payment card, eShop orders, KOEL orders, UNP orders, and other personal customer data).

The application log refers to collected data about the operation of the mobile application, which the user sends to Petrol when sending a message via the mobile application or when reporting an error in the operation of the mobile application. The application log is also sent to Petrol when the user clicks on the log icon in the "Contact Us" menu. The application log includes data visible to the user in the mobile application, such as name, surname, username, Petrol club card number, and the number of accumulated Golden Points, golden drops, and grains.

A Petrol club member is a natural person who holds a valid Petrol club loyalty card or Petrol club payment loyalty card, and by doing so, can collect and redeem Golden Points and receive other benefits, as well as add and collect credits to their Petrol club account in accordance with the applicable General Terms of Use for Petrol club cards.

A Petrol club account refers to information about a Petrol club member, into which all acquired benefits and credits that the member has accumulated are deposited.

Credit refers to the funds that the holder of a Petrol club loyalty card or Petrol club payment loyalty card deposits or receives as a benefit from Petrol on their Petrol club loyalty card or Petrol club payment loyalty card, and with which they can make payments at the issuer's sales points, as specified by the General Terms of Use for the Petrol club loyalty card and the General Terms of Use for the Petrol club payment loyalty card.

The Petrol business payment card, which includes the silver business card and the grey business card, is a payment instrument with which the cardholder can make cashless purchases of goods, services, and digital content at authorized Petrol sales points. The card is owned by the issuer.

The Silver business card is a type of Petrol business payment card intended for companies to pay for fuel and the entire range of goods, services, and digital content at Petrol sales points. It is issued in the name of the customer, i.e., a legal or natural person engaged in commercial activities who has entered into an agreement with the issuer for the use of Petrol business payment cards, or the name and surname of the cardholder, who is authorized by the customer to use this Petrol business payment card. In the mobile application, it is used as one of the payment methods, and the payment terms are determined by the card's conditions.

The Grey business card is a type of Petrol business payment card intended primarily for companies to pay for fuel at Petrol sales points, as well as for other goods and services, depending on the selected type or version of the Grey business card. It is issued in the vehicle's registration number or another designation chosen by the customer, who is engaged in commercial activities and has entered into an agreement with the issuer for the use of Petrol business payment cards. In the mobile application, it is used as one of the payment methods, and the payment terms are determined by the card's conditions.

An online or mobile store refers to the digital distribution of applications, intended to provide or install software applications for users, and allows for the downloading of mobile applications to smartphones or tablets.

The password for the mobile application is the password that allows logging into the mobile application and confirming payments via the mobile application, which is set by the user, but can be replaced with biometric data or the application PIN (depending on the user's settings).

The application PIN is a personal identification number or numerical password that replaces the password for the mobile application.

The card PIN code is a multi-digit secret personal identification number or numerical password that allows the cardholder to authorize payment transactions with the Petrol club payment loyalty card and the Petrol business payment card.

Tokenization (in electronic business) – the conversion or encryption of sensitive data into a secure token format. In the mobile application, this technical process is used to encrypt data related to certain available payment methods.

A user account is a term defined in Article 2 under the definition of registration.

A payment gateway refers to the ability to make payments using the most common credit and payment (debit) cards, such as Mastercard and Visa.

The mBills mobile wallet, or mBills, is a product that enables the issuance and storage of electronic money and the execution of payment services. It represents an open platform for mobile payments based on a mobile wallet. The electronic money stored in the mBills mobile wallet is issued by the company Petrol Pay d.o.o. Any change in the name (brand) of mBills does not affect the validity of these terms and conditions, and references to mBills in these terms and conditions shall be understood to apply to any application with a new name that replaces mBills (valid only for users in Slovenia).

A QR code is an optical, machine-readable representation of data. It can be a matrix or two-dimensional barcode (e.g., QR code, EAN code, or other unique identification marks).

Order and collect is a feature in the mobile application where a range of products that are in stock at selected PETROL sales points is displayed and available for pre-order through the mobile application, allowing for quick pickup at the chosen PETROL sales point. Among the product categories, freshly prepared food from the FRESH line is also available.

FRESH refers to the offer of freshly prepared food and drinks, which is displayed in the "Order and Collect" section of the mobile application.

Events refer to a category within the "Order and Collect" function, where products available at a particular event or public gathering, where PETROL is present as a food and beverage provider in agreement with the event organizer, are displayed. These products can be pre-ordered through the mobile application and picked up at the authorized PETROL sales point located at the event's location.

Shop Online is a function within the mobile application that showcases products available for purchase in the PETROL eShop or the Petrol Ticket website or other PETROL websites.

Quick Purchase is a feature in the mobile application that allows users to purchase retail products at a PETROL sales point without making payment at the store’s checkout. With "Quick Purchase," the user scans the EAN codes of products using the mobile application’s scanner, adds the products to a virtual cart, and pays for them through the mobile application.

3. Technical requirements

Downloading the mobile application

Users can download the mobile application based on their existing smartphone or tablet and according to availability, from the web or mobile stores, under the conditions specified for the chosen web or mobile stores:

  • Apple iOS: App Store, and
  • Google Android: Google Play Store.

The use of the mobile application is free for users; however, PETROL does not rule out the possibility and is not responsible for any potential costs users may incur with their selected operator.

For downloading and using the mobile application, PETROL recommends using a 5G or LTE network or a fixed electronic communication network. In a 3G or 2.75G (Edge) network, downloading and using the mobile application is possible, but the download time may be longer and the application may function more slowly.

The mobile application operates on iOS (Apple) or Android (Google) operating systems. The mobile application functions only on Huawei devices that still support Google services. Due to technical limitations of older versions of operating systems, certain mobile applications may not be available, some functionalities may not work correctly, or the display of functionalities may not be possible.

PETROL reserves the right not to guarantee full compatibility of the mobile application with all versions of operating systems. Despite efforts for compatibility with a wide range of operating systems, users may encounter issues if they use versions that are more than two (2) major versions behind the latest version.

4. Registration, logging in and cancellation

By registering and logging into the mobile application, users can access the functionalities of the mobile application, as more specifically defined in Chapter 6 of these terms and conditions. To log into the mobile application, users need a user account, which they create during the registration process by entering the required basic information (email address, country, and mobile application password).

By selecting the appropriate checkbox during registration in the mobile application, the user confirms that they have carefully read the currently valid terms and conditions, agree with them, and fully accept them. By accepting the terms and conditions, the user also confirms that they are at least 15 years old or 18 years old (for users in Croatia) and meet the other conditions for using the mobile application as outlined in these terms and conditions.

Registered users can create a new Petrol club loyalty card in the mobile application, thereby enabling additional functionalities available only to Petrol club cardholders. To create a Petrol club loyalty card, the user must provide the following information: first name, last name, country, address, date of birth, mobile phone number, and gender. The validity of the entered phone number is then verified. Successful creation of a new Petrol club loyalty card also requires agreement with the General Terms of Use for the Petrol club loyalty card, available on the website www.petrol.si or www.petrol.hr.

If a user already has a Petrol club loyalty card or a Petrol club payment loyalty card, they can link it to their user account.

By linking their Petrol club loyalty card or Petrol club payment loyalty card to the user account in the mobile application, the user gains access to information recorded on their Petrol club loyalty card or Petrol club payment loyalty card (number of collected Golden Points, acquired benefits, loaded credit, limit, etc.). To link an existing Petrol club loyalty card or Petrol club payment card to the user account, the user must enter the following information into the appropriate section of the mobile application: first name, last name, country, and address. If this information matches the data PETROL already has on the cardholder, the next step is to enter the card number or scan the card code, which links the existing Petrol club loyalty card or Petrol club payment card to the mobile application.

Upon successful registration and login to the mobile application, and by accepting these terms and conditions, the user can view paid invoices for purchases made through the mobile application by linking their Petrol club payment loyalty card or Petrol club loyalty card, or a newly issued virtual Petrol club loyalty card. The user can also view acquired benefits, loaded credit, and the limit of their Petrol club payment loyalty card. The required data is necessary for the subsequent login processes and communication in the business dealings with the registered and logged-in user, as well as for other types of processing in accordance with the purpose and legal bases. If a user does not wish to provide any required information during the registration process, they will not be able to complete the registration process successfully, and consequently, will not be able to create a user account or use the mobile application.

4.1. Cancellation of Registration or Theft of Phone/Computer

If credit remains unused when deleting a Petrol Club Account, the User may continue to use the physical Petrol Club Loyalty Payment Card or the physical Petrol Club Loyalty Card to use the unused credit, in accordance with the General Terms of Use for the Petrol Club Loyalty Card or the General Terms of Use for the Petrol Club Loyalty Payment Card.

If the User owns a virtual Petrol Club Loyalty Card that has expired, or if their physical Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card has expired, the User may act in accordance with the General Terms of Use for the Petrol Club Loyalty Card or the General Terms of Use for the Petrol Club Loyalty Payment Card.

Based on the above, PETROL recommends that Users use all their unused credit before the expiry of the physical or virtual Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card.

If a physical or virtual Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card that the User has linked to the Mobile Application expires, the Mobile Application User shall no longer be able to use the additional functionalities relating to the Petrol Club Card defined in these General Terms. In this case, the User will be able to use the Mobile Application without the benefits and additional features related to the Petrol Club Card.

5. Payment methods and payment

The user is bound by the conditions valid at the time of purchase confirmation/order submission. After confirming a purchase or submitting an order, the user can no longer withdraw from the purchase unless otherwise specified for a particular type of goods, services, or digital content in these terms and conditions.

When purchasing goods, services, and digital content through the mobile application, the prices valid at the time of order submission apply, or the prices that were valid when the order was received by PETROL's information system. PETROL reserves the right to change the prices of goods, services, and digital content daily or even during the day without prior notice to users. The prices of energy products, goods, services, and digital content are visible at PETROL sales points and in the mobile application. Prices are listed in the currency valid in the country where the sales point is located, where the user collects the goods or submits the order, and they include value-added tax (VAT) unless explicitly stated otherwise.

If PETROL, either implicitly or explicitly, conditions the purchase of goods, the provision of services, or the delivery of digital content on partial or full prepayment, and supplies the goods, provides the service, or delivers the digital content after receiving the prepayment, PETROL must calculate and pay interest on the prepayment to the consumer at the interest rate of the following reference bank: NOVA LJUBLJANSKA BANKA d.d., Ljubljana (the reference bank for Slovenia). Notwithstanding the foregoing, PETROL is not obliged to pay interest on the prepayment if the prepayment is made less than three working days before the day the delivery of goods, provision of services, or delivery of digital content takes place. PETROL is considered to have fulfilled its obligation to pay interest on the prepayment if it reduces the regular price of the goods, services, or digital content, and this reduction is higher than or equal to the amount of the calculated interest.

PETROL must issue an invoice for the supply of goods or services and deliver it to the user.

PETROL issues an invoice after receiving the payment. In the case of prepayment, an invoice in PDF format is created for the user within the mobile application.  

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5.1 Payment process with supported payment method

In the process of purchasing through the mobile application, the user is offered the payment method that they have set as default. However, before confirming the purchase, the user can change the default payment method to any other payment method available in the mobile application.

The user completes the purchase by selecting a payment method and pressing the button CONFIRM PAYMENT METHOD, thereby confirming the order of goods, services, and digital content with the obligation to pay, which is considered as the conclusion of the sales contract between PETROL and the user. At the CONFIRMATION stage of the order, the user can interrupt the purchase process and the conclusion of the contract by not confirming the payment.

Once the purchase is confirmed, the user can no longer withdraw from the purchase unless otherwise specified for a particular type of goods, services, or digital content in these terms and conditions.

The limit for a single purchase or payment is tied to the approved limit set by the issuer of the payment method in agreement with the user. If the limit of the selected payment method is exceeded, payment through the mobile application is not possible.

The user is bound by the current version of these terms and conditions valid at the time of purchase confirmation/order submission through the mobile application.

The user can add/remove payment methods in the mobile application as outlined in point 5.2 of these terms and conditions.

5.2. Process for Adding and Deleting Supported Payment Methods

Users can manage, add, or remove payment methods in the menu of the mobile application, as specified in point 5.3 of these terms and conditions.

Payment or credit cards issued by banks can be added to the mobile application by entering basic payment card details required for payment (such as card number, name on the card, card expiry date, CVV or CVC number). To verify the card’s validity, PETROL will perform a pre-authorization on the user's payment or credit card. To add a payment or credit card, the user will be redirected to the secure channel of their bank for connecting the payment cards (the bank's mobile application for payment authorization). For enhanced data security, the mobile application will verify the user by requiring the entry of the mobile application password, which can be replaced by biometric data or an application PIN if the user has activated these options. Once the card-adding process is successfully completed, the card will be stored in tokenized form in the payment gateway's backend system. Tokenization is mandatory if the user wishes to pay for goods, services, and digital content in the mobile application using payment cards.

Based on the token created through tokenization, the mobile application can perform future payments without the need for the user to re-enter all payment or credit card information, and it retrieves basic, limited card details for display in the mobile application to ensure clarity in selecting payment methods. This token, as formed, is unusable outside the environment of the mobile application's backend system. All user payment or credit card data and transaction details are securely stored on the selected payment gateway system, and PETROL does not have access to this information.

When the user enters payment card details into the mobile application, as specified in point 5.3.4 of these terms and conditions, the responsibility for data protection (card number, security code, expiration date, etc.) is taken over by the payment gateway using Drop-in Payment UI or Hosted Fields technology, which securely transfers all this data through an iframe system.

When adding credit and payment cards as a payment method in the mobile application, all steps are performed by the payment gateway, meaning that PETROL has no contact with the credit card data and the related transaction. Further payments with the credit card are processed using the tokenization system as described above, in accordance with these terms and conditions.

Payments with the mBills mobile wallet are also processed through tokenization when linking the mobile application and the mobile wallet. The user can delete the link to the mBills mobile wallet in the mBills application.

Tokenization may result in situations, depending on the user's agreement with the payment method issuer, where payment confirmation or security password entry may not be required for some transactions using tokenized payment methods. Therefore, PETROL recommends that users ensure adequate protection for the phones and tablets on which the mobile application is installed.

In the user profile, users can manage and add Petrol business payment cards, as specified in point 5.3.2, by entering the basic information needed for payment (card number, card expiry date, name and surname of the cardholder (Type I and J) or company tax number (Type P, R, A, V, D, and O), and card PIN code).

For the successful addition of Petrol business payment cards of Type P, R, A, V, D, and O, prior authorization from the company's card manager is required. These authorizations are managed through the B2B portal in the "Business Card" application under the "PETROL GO Authorizations" tab. The card manager enters the email address (username) used by the employee to log into the mobile application, thereby authorizing the use of the Petrol business payment card in the mobile application for the specified employee.

The user can delete any saved payment cards in the mobile application at any time. This option is available in the payment methods list, and by selecting the settings of the saved card, the option "Remove card" will appear.

5.3. Supported payment methods

The following are the payment methods that can be used in the mobile application, along with their descriptions.

5.3.1. PETROL Club Cards

By holding a Petrol club loyalty card or a Petrol club payment loyalty card, the user becomes a member of the Petrol club and thus the holder of a Petrol club account, which they can link to the mobile application. This allows the user to gain benefits available to Petrol club members, as defined in the General Terms of Use for the Petrol club loyalty card and the General Terms of Use for the Petrol club payment loyalty card.

5.3.1.1. Petrol Club Loyalty Card

A valid Petrol club loyalty card can be selected as a payment method, provided the user has sufficient credit on their Petrol club loyalty card or on the linked Petrol club account. The available credit must be equal to or greater than the value of the purchase of goods, services, and digital content for the payment to be successful.

The user can top up their credit on their Petrol club loyalty card by making a payment at a physical sales point of the issuer.

The user can load credit onto their Petrol club loyalty card by selecting "CARD" on the main page of the mobile application, which opens a screen displaying the EAN barcode of their Petrol club loyalty card and the linked Petrol club account. The user shows the EAN barcode of the Petrol club loyalty card to a cashier at a PETROL sales point, who scans it and loads the credit for the received amount of money. The maximum amount of credit that can be loaded onto the Petrol club loyalty card, as well as all other rights and obligations of the user regarding the credit, are defined in more detail in the General Terms of Use for the Petrol club loyalty card.

The user cannot withdraw the loaded credit (e.g., to a current account or as cash). The credit can only be used for purchasing goods, services, and digital content at PETROL sales points or for selected goods, services, and digital content from PETROL's offering through the mobile application remotely.

5.3.1.2. Petrol Club Loyalty Payment Card

A valid Petrol club payment loyalty card can be selected by the user for paying for goods, services, and digital content, depending on the available limit agreed upon between the user and PETROL. The limit must be equal to or greater than the value of each purchase for the payment to be successful.

The user can make purchases up to EUR 25.00 (including VAT) with the Petrol club payment loyalty card without entering a security password (card PIN code), but for purchases above this amount, the correct security password (card PIN code) is required. For fuel payments, entering the correct security password (card PIN code) is always mandatory, regardless of the fuel purchase amount.

Entering the correct security password (card PIN code) can be replaced by biometric identification methods, in which case PETROL will act in accordance with personal data protection regulations.

If the user uses the credit loaded onto the Petrol club account linked to their Petrol club payment loyalty card and the mobile application, the provisions of point 5.3.1.1 of these terms and conditions, as well as the relevant provisions of the General Terms of Use for the Petrol club loyalty card, apply to the loading, usage, and related limitations of the credit. 

5.3.2. Petrol Business Payment Cards

A user who uses the mobile application for both personal and business purposes must ensure that they select and confirm the correct payment method before confirming the purchase, as changes to the payment method after payment has been made are not possible. 

5.3.2.1. Payment with Petrol Silver Business Payment Cards (Types I, J, P, and R)

A valid Silver business card can be selected by the user for paying for goods, services, and digital content, depending on the available limit agreed upon between the user and PETROL. The limit must be equal to or greater than the value of each purchase for the payment to be successful.

The user can make purchases up to EUR 25.00 (including VAT) with the Petrol club payment loyalty card without entering a security password (card PIN code), but for purchases above this amount, the correct security password (card PIN code) is required. For fuel payments, entering the correct security password (card PIN code) is always mandatory, regardless of the fuel purchase amount.

Entering the correct security password (card PIN code) can be replaced by biometric identification methods, in which case PETROL will act in accordance with personal data protection regulations.

5.3.2.2. Payment with Petrol Grey Business Payment Cards (Types A, V, D, or O)

A valid Grey business card can be selected by the user for paying for goods, services, and digital content, depending on the available limit agreed upon between the user and PETROL. The limit must be equal to or greater than the value of each purchase for the payment to be successful.

The Grey business card can only be used for fuel payments, where entering the correct security password (card PIN code) is always mandatory, regardless of the fuel purchase amount.

Entering the correct security password (card PIN code) can be replaced by biometric identification methods, in which case PETROL will act in accordance with personal data protection regulations.

5.3.3. mBills

Electronic money stored in the mBills mobile wallet can be selected by the user as a payment method for goods, services, and digital content in the mobile application. The value of the stored electronic money must be equal to or greater than the value of the order for the payment to be successful. For successful payment, the mobile application will verify the user by requiring the entry of the mobile application password, which can be replaced by biometric data if the user has activated this feature.

5.3.4. Other payment methods or cards

The following payment cards can be added as a payment method in the mobile application:

  • MasterCard,
  • MasterCard Debit,
  • VISA,
  • VISA Debit,
  • VISA Electron,
  • and possibly other cards, as displayed in the mobile application and on www.petrol.si.

The payment card must have online shopping enabled, and this functionality depends on the agreement between the card issuer and the user. Limits, methods of use, and payments with the payment card are exclusively subject to the agreement between the card issuer and the user.

5.4. Obligations of PETROL in the Case of Prepayment Conditions for Purchases through the Mobile Application

If PETROL, either implicitly or explicitly, conditions the purchase of goods, the provision of services, or the delivery of digital content on partial or full prepayment and supplies the goods, provides the service, or delivers the digital content after receiving the prepayment, PETROL must calculate and pay interest on the prepayment to the consumer at the interest rate of the following reference bank: NOVA LJUBLJANSKA BANKA d.d., Ljubljana (the reference bank for Slovenia). Notwithstanding the foregoing, PETROL is not obliged to pay interest on the prepayment if the prepayment is made less than three working days before the delivery of goods, the provision of services, or the delivery of digital content. PETROL is considered to have fulfilled its obligation to pay interest on the prepayment if it reduces the regular price of the goods, services, or digital content, and this reduction is higher than or equal to the amount of the calculated interest.

5.5. Purchase of Goods, Services, and Digital Content Directly at the Sales Point using the EAN Code

A user who has linked a Petrol club payment loyalty card or a Petrol club loyalty card to the mobile application can use the mobile application to display the data of the linked Petrol club payment loyalty card or Petrol club loyalty card instead of using the physical card. The digital card can then be used to purchase any goods, services, or digital content at PETROL sales points following this procedure:
The user selects the "CARD" label on the main page of the mobile application displaying the Petrol club card. At the top of the screen, the EAN code is displayed within the mobile application, which the user shows to the sales staff at the PETROL sales point. The sales staff scans the EAN code using a device. After scanning the EAN code of the Petrol club loyalty card, the user receives a printed receipt from the sales staff. After scanning the EAN code of the Petrol club payment loyalty card, the user enters the security password (card PIN code) into the POS terminal, thereby confirming the purchase. The user then receives a printed receipt from the sales staff.

5.6. Security of Card Purchases

PETROL provides technological and organizational solutions to ensure the security of purchases. The transmission of personal and other transaction data on the website is carried out securely using the SSL (Secure Sockets Layer) protocol. The data is encrypted and transmitted to PETROL's server in a protected format. This system prevents anyone from intercepting the personal and other transaction data that the user sends to the online store/mobile application. For secure authorization and transactions with payment and credit cards, the services are provided by the selected payment service provider, in accordance with their terms and the 3D Secure 2.0 protocol or other strong customer authentication methods as determined by the issuer of the payment method. An exception applies to Petrol club payment loyalty cards and Petrol business payment cards, where the security of authorization and transactions is handled by PETROL. Card authorizations are conducted in real-time with immediate verification of data in the banking system. The security of purchases is ensured in compliance with all applicable legal obligations and recommendations from Slovenian and international consumer associations.

6. Use of the Mobile Application
6.1. Unregistered or Signed-out User

An unregistered or signed-out user cannot use the mobile application, as registration or login with an existing user account is required to use the mobile application. However, an unregistered or signed-out user can report an issue with the functioning of the mobile application. When reporting an issue, the application log is also sent, which includes data about the use and performance of the mobile application by the unregistered or signed-out user. By reporting the issue, the unregistered or signed-out user gives consent for Petrol to receive, use, and store their data for the purpose of resolving the issue.

6.2. Registered and Signed-in User

A registered and signed-in user has access to the following (limited) functionalities of the mobile application: 

  • the ability to manage their user account, data, mobile application password, consents, and submit a request for the deletion of the user account and associated personal data;
  • the ability to link an existing Petrol club loyalty card or Petrol club payment loyalty card;
  • the ability to join the Petrol club and create a new Petrol club loyalty card;
  • the ability to add a payment method (Visa, Mastercard, Petrol business payment cards, etc.);
  • access to the payment history for the past 2 years;
  •  the ability to enable a tax account;
  • the ability to configure mobile application settings;
  • instructions for using the mobile application;
  • the ability to share the link for installing the mobile application;
  • access to the terms and conditions of the mobile application;
  • the ability to display PETROL sales points on a map and view details (opening hours, contact information, fuel prices, navigation options);
  • the ability to browse products in the "Order and Collect" section, "Shop Online," "Concerts and Events," etc.;
  • the ability to view the digital Petrol club catalog;
  • the ability to report an issue, with the application log also being sent upon reporting, which includes data about the use and performance of the mobile application by the unregistered or unauthenticated user (by reporting the issue, the user gives consent for Petrol to receive, use, and store their data for the purpose of resolving the issue);
  • the ability to make payments with the mobile application.

As a Petrol club member who has linked their existing Petrol club card or Petrol club payment loyalty card to the mobile application, or created a new Petrol club card in the mobile application, the user has access to the following additional functionalities of the mobile application, in addition to the ones listed above in point 6.2: 

  • viewing benefits that are loaded onto their Petrol club account;
  • displaying the number of Golden Points accumulated in their Petrol club account;
  • displaying the barcode of their Petrol club card;
  • displaying the balance of credit on their Petrol club account;
  • displaying the spending limit, in case they have a Petrol club payment loyalty card;
  • displaying accumulated benefits received or earned as a Petrol club member;
  • the ability to redeem discounts, promotions, and benefits available to holders of specific Petrol club cards, in accordance with the General Terms of Use for Petrol club loyalty cards and the General Terms of Use for Petrol club payment loyalty cards, or with the current promotions of the Petrol club, published on the websites www.petrol.si and www.petrol.hr;
  • receiving Golden Points and other benefits when making payments through the mobile application, to which the user is entitled as a holder of a specific Petrol club card, in accordance with the General Terms of Use for Petrol club loyalty cards and the General Terms of Use for Petrol club payment loyalty cards, or with the current promotions of the Petrol club, published on the websites www.petrol.si and www.petrol.hr;
  • the ability to participate in promotional activities, such as quizzes, challenges, polls, and similar events, for which the general rules of the individual activity apply and are published during the duration of that activity.
6.4. Purchase and Payment with the Mobile Application

Before starting to use the mobile application, the user must complete the registration and login process and save one of the payment methods in the mobile application, which will be used for making payments.

6.4.1. Purchase and Payment for Energy Products with the Mobile Application (Available in Slovenia and Croatia)

The user can purchase energy products using the mobile application by following these steps:

  1. Upon arriving at a PETROL sales point, the user determines their exact location by pressing the "Scan and Pay" button with the QR code on the red screen of the mobile application and scanning the pump identification at the PETROL sales point where mobile application purchases are possible. The pump identification can be confirmed by scanning the code at the pump or manually entering the pump/sales point code into the mobile application. PETROL will appropriately label the pumps/sales points where energy product purchases via the mobile application are possible (e.g., with a QR code, EAN code, or other unique identification marks that can be scanned with the mobile application or manually entered).
  2. In the next phase, the mobile application user confirms the offered location and the pump number. 
  3. The user then selects the payment method, confirms the use of the chosen payment method or credit, and enters the associated security password (PIN code) or confirms the purchase by pressing the "CONFIRM" button. By entering and confirming the security password (PIN code) or pressing the "CONFIRM" button with the obligation to pay, the sales contract between PETROL and the user is considered concluded. Before entering the security password (PIN code) or pressing the "CONFIRM" button, the user can cancel the contract conclusion process and/or modify the order. For successful payment, the mobile application will verify the user by requiring the password for the mobile application, which can be replaced by biometric data or the application PIN if activated by the user.
    In the case of energy product purchases, the user explicitly agrees that PETROL has the right to verify the user's spending limit on the selected payment method from the moment the payment method is confirmed up to the point of entering the security password (PIN code) or pressing the "CONFIRM" button and notify the user before refueling if the spending limit on the selected payment method has been exceeded.
    If the spending limit on the selected payment method is exceeded, the user will not be able to use the mobile application for payment at that particular PETROL sales point at that time. The limit for a single purchase or payment is tied to the approved usage limit set by the issuer of the payment method in agreement with the user. If the spending limit has not been reached, the user can make the payment using the mobile application, but only up to the amount of the limit on the selected payment method. In certain cases, depending on the settings of the payment method issuer, the user may be required to further confirm the transaction via the payment method issuer's mobile application. If the user does not complete the payment confirmation as requested by the payment method issuer or if there are insufficient funds on the card, the user will be prompted to pay for the energy product at the PETROL sales point's cashier. 
  4. After confirming the payment, the user leaves the phone in the car and proceeds to refuel. 
  5. In the next phase, the user will be informed of the quantity of the fuel/energy product dispensed and the price, which is already visible to the user before concluding the contract at the pump. The user will also be informed of the exact purchase amount. The user reviews this information, confirms it if necessary, and after completing the purchase, receives an electronic receipt from PETROL. The receipt is visible in the "Payment History" section of the mobile application. Before leaving the PETROL sales point, the user must verify the success of the payment.
    In the event that the user drives away from the sales point after concluding the contract but before completing the purchase process for any reason, PETROL will charge the user for the unpaid amount or initiate enforcement and other legal proceedings to secure its rights and legal position. For safety reasons related to fire hazards, PETROL may also set a quantity limit for each energy product purchase.
6.4.2. Purchase and Payment for Coffee On the Go (Available in Slovenia and Croatia)

The user can purchase Coffee On the Go using the following steps:

  1. On the red screen, press the "Scan and Pay" button with the QR code.
  2. Scan the QR code on the right side of the coffee machine or manually enter the number located under the QR code.
  3. In the mobile application, select the desired drink.
  4. Proceed to the price selection for the drink or apply any available benefits, which are valid for holders of individual Petrol club cards, in accordance with the General Terms of Use for the Petrol club loyalty card, the General Terms of Use for the Petrol club payment loyalty card, or current Petrol club promotions published on the website www.petrol.si or www.petrol.hr.
  5. The user selects the payment method and confirms the use of the payment method or credit. In certain cases, depending on the settings of the payment method issuer, the user may be required to further confirm the transaction through the issuer’s mobile application. Petrol reserves the right to request user verification for successful payment by requiring the entry of the mobile application password, which can be replaced by biometric data or the application PIN if the user has activated these options.
  6. Confirm the dispensing of the drink by pressing the "Dispense" button in the mobile application, which includes the obligation to pay, thereby concluding the sales contract between PETROL and the user. Before pressing the "Dispense" button in the mobile application or by selecting the drink on the coffee machine, the user can cancel the contract process by not confirming the payment and dispensing of the selected drink.
  7. In the next phase, PETROL will send the user an electronic receipt. The receipt is visible in the "Payment History" section of the mobile application.
6.4.3. Purchase and Payment for Car Wash and Accessories (Available in Slovenia)

The user can purchase the car wash service using the following steps:

  1. On the red screen, press the "Scan and Pay" button with the QR code.
  2. Confirm the location identified by the mobile application using the built-in GPS device or by scanning the QR code or manually entering the car wash number located under the corresponding QR code.
  3. Select the desired car wash type and price (full or discounted, which may apply for holders of individual Petrol club cards in accordance with the General Terms of Use for the Petrol club loyalty card, the General Terms of Use for the Petrol club payment loyalty card, or current Petrol club promotions published on the website www.petrol.si).
  4. Petrol may offer the user the option to purchase tokens for vacuuming and other additional products available.
  5. The user selects the payment method, confirms the use of the chosen payment method or credit, and confirms the purchase by pressing the "CONFIRM" button, which includes the obligation to pay. By pressing the "CONFIRM" button with the obligation to pay, the sales contract between PETROL and the user is considered concluded. In certain cases, depending on the settings of the payment method issuer, the user may be required to further confirm the transaction through the issuer's website or mobile application. Petrol reserves the right to request user verification for successful payment by requiring the entry of the password for the mobile application, which can be replaced by biometric data or the application PIN if the user has activated these options. Before pressing the "CONFIRM" button and entering the mobile application password, the user can cancel the contract process or modify the order.
  6. The mobile application generates a 6-digit code and displays it on the mobile application screen, along with the number of vacuuming tokens and any additional products if purchased.
  7. The user shows the obtained code and the number of purchased accessories to the car wash operator.
  8. Immediately after confirming the purchase of one of the selected washes or accessories, PETROL will send the user an electronic receipt for the completed purchase. The receipt is visible in the "Payment History" section of the mobile application.
  9. The car wash coupon is valid for 24 hours from the time of purchase or receipt issuance.
6.5. Shop with PETROL GO 

In the "Shop" section, the user can browse and order products from the "Order and Collect" section, check offers for online purchases on Petrol eShop or other potential websites, as well as view current events and services. In the case of online purchases, the user is redirected to external websites that are not part of the mobile application. On these websites, the purchase process begins and ends independently of the mobile application.

6.5.1. Purchase of Food, Drinks, and Other Goods and Digital Content Displayed in the "Order and Collect" Section (Available in Slovenia and Croatia) 

The user can purchase freshly prepared food and drinks labeled FRESH and Hip Shop products displayed in the mobile application under the "Order and Collect" section by following this process:

  1. On the red screen of the mobile application, select the shopping cart icon to enter the "Order and Collect" section.
  2. The user selects the desired sales point location on the map, which is available for "Order and Collect" and where they intend to collect the ordered products.
  3. If the GPS location is available, the nearest sales point location with the "Order and Collect" option is automatically selected, which the user can manually change.
  4. If the user selects the location of a specific Event (e.g., Stožice, Planica, etc.) within the "Order and Collect" section, they will be presented with the "Events" category, where they can browse the range of products available at the selected Event, which they can add to their cart. The user can collect the ordered products only at an authorized PETROL sales point at the Event.
  5. The user browses the range of products in the mobile application and adds the desired products to the cart. The user can also adjust the quantity or unit of measurement of the selected products. If multiple prices are available for a product, they will be displayed, but the user can only select the product price or apply benefits that are available to holders of specific Petrol club cards, in accordance with the General Terms of Use for the Petrol club loyalty card, the General Terms of Use for the Petrol club payment loyalty card, or current Petrol club promotions published on the website www.petrol.si or www.petrol.hr.
  6. PETROL provides the main product characteristics in the description of each product, within the scope that fits the data carrier, as well as information about any allergens contained in the product and other legally required notifications.
  7. When purchasing food that allows for variations and ingredients, the user can specify their desired ingredients in the food/drink and selected add-ons from the add-ons group by checking/unchecking options if such a selection is offered in the display of the individual food/drink.
  8. To review and potentially correct the selected products, the user presses the "cart" button. The selection of products in the cart is confirmed by pressing the "CONTINUE TO COLLECTION" button.
  9. If the cart contains products that are subject to age restrictions or other legal conditions for purchase according to applicable laws, especially for the purchase of alcoholic beverages, as more precisely defined in point 6.6 of these terms and conditions, the user will be prompted to confirm that they meet the age restriction and other legal requirements for purchasing such products by checking the appropriate confirmation box before confirming and submitting the order in the mobile application. Otherwise, the user will not be able to place the order for these products. If the cart contains products for which there are time restrictions for sale or purchase according to applicable laws, the user will be informed when or until when they can collect the respective products at the selected sales point or at what time collection of these products at the selected sales point will no longer be possible, as specified for alcoholic beverages in point 6.6 of these terms and conditions. The order and purchase of such products, especially alcoholic beverages, after the legal time limits for their purchase have passed, is not allowed, nor can they be collected at the selected PETROL collection point. The provisions on time limits apply only to product purchases in Slovenia.
  10. The next step involves selecting the collection method, determining the time and location of collection, and confirming the order by pressing the "COMPLETE ORDER" button and confirming the order by pressing the "CONFIRM PAYMENT METHOD" button.
  11. By pressing the "CONFIRM PAYMENT METHOD" button with the obligation to pay, the sales contract between PETROL and the user is considered concluded. In certain cases, depending on the settings of the payment method issuer, the user may be required to further confirm the transaction through the payment method issuer's website or mobile application. Before pressing the "CONFIRM PAYMENT METHOD" button, the user can cancel the contract process and/or modify the order. Petrol reserves the right to request user verification for successful payment by requiring the entry of the password for the mobile application, which can be replaced by biometric data or the application PIN if the user has activated these options.
  12. After the contract is concluded, it is no longer possible to change the order content due to the already completed payment transaction on the selected payment method. However, up to 60 minutes before the specified collection time, the user can change the collection time or cancel the order or contract in full. The user can change the collection time or cancel the order or contract by calling the selected sales point, which will confirm the order change or cancellation to the user.
  13. After confirming the order, the mobile application generates an 8-digit code and displays it along with a QR code, which serves for the collection of the ordered products at the designated sales point in the order.
  14. The user receives a notification through a push message or SMS from the PETROL sales point confirming the order and the 8-digit code or rejecting the purchase.
  15. In the event of a purchase rejection by PETROL, the full purchase amount and any other transaction costs will be refunded to the user using the same payment method they used to make the payment.

Upon collection, the user will receive an electronic invoice for the purchased products. The invoice will be visible in the "Payment History" section of the mobile application. If, for any reason, the user fails to collect the ordered products after concluding the contract, PETROL will charge the user the full value of the ordered products.

The user acknowledges and agrees that PETROL may refuse to issue or deliver the ordered and purchased products at the collection point and unilaterally terminate the concluded contract for the purchase of products that are subject to age and other legal restrictions, if it is determined that the user does not meet the required age limit and other legal conditions for purchase at the time of collecting the ordered and purchased products through the mobile application, as specified in point 6.6 of these terms and conditions.
The user agrees that PETROL, in the event of justified circumstances preventing the fulfillment of the placed order, may withdraw from the contract for the purchase of products within 5 minutes of receiving the order, and must notify the user in writing.

Justified circumstances are particularly considered to be:

  • circumstances that, by their nature, constitute force majeure,
  • a lack of raw materials for production,
  • any disruptions in the work process that affect or could affect the timely fulfillment of the order.

If the user is late in collecting the products listed in the "Order and Collect" section (freshly prepared food and drinks "FRESH") by more than 10 minutes, PETROL may contact the user and prompt them to collect the products as soon as possible.

If the order is not collected within 30 minutes of the designated collection time, the user agrees that PETROL is no longer obligated to store the ordered "FRESH" products and may discard them.

The user is aware that "FRESH" products are intended for immediate consumption and are appropriately packaged so that customers can also take them away. PETROL is not responsible for any deterioration in the quality of the products (e.g., cold items) if the user collects the products later than specified in the order.

In accordance with the third paragraph regarding the purchase of "FRESH" products, PETROL guarantees that it will fulfill its obligations on time so that the selected products will be available to the user at the agreed time and location. If the selected sales point is more than 10 minutes late in preparing the ordered "FRESH" products from the agreed collection time, the user will not be charged for the selected products.

All product images displayed in the mobile application are symbolic.

6.5.2. Quick Purchase of Products without Visiting the Checkout (hereinafter "Quick Purchase" - available in Slovenia)

The user can make a quick purchase of products at Petrol sales points using the following process:

  1. On the main red screen, press the "Scan and Pay" button with the QR code or, in the "Shop" tab, select the "Scan in Store" option.
  2. Scan the QR code at designated locations (on the platform or in the Petrol sales point) or manually enter the sales point number located under the corresponding QR code. This confirms the user's location.
  3. Start the purchasing process by scanning the barcodes (EAN) of products and adding them to the cart. The user can also select the product price or apply any available benefits valid for holders of specific Petrol club cards, in accordance with the General Terms of Use for the Petrol club loyalty card, the General Terms of Use for the Petrol club payment loyalty card, or current Petrol club promotions published on the website www.petrol.si or www.petrol.hr.
  4. Upon completing the purchase, the user selects the payment method and confirms the use of the payment method or credit. In certain cases, depending on the settings of the payment method issuer, the user may be required to further confirm the transaction through the payment method issuer’s mobile application. Petrol reserves the right to request user verification for successful payment by requiring the entry of the mobile application password, which can be replaced by biometric data or the application PIN if the user has activated these options.
  5. Petrol reserves the right for authorized staff at the sales point to monitor the scanning of products during the purchase process and to inspect the shopping cart before the purchase is completed.
  6. In the next phase, the user will receive an electronic receipt from PETROL. The receipt will be visible in the "Payment History" section of the mobile application.
6.6. Remote Purchase

A consumer user has the right to notify PETROL within 14 days of receiving products purchased remotely that they are withdrawing from the contract for the purchase of these products without needing to provide a reason for their decision (hereinafter: withdrawal from the contract or withdrawal period). To exercise the right of withdrawal, the consumer must inform PETROL of their decision to withdraw from the contract with an unequivocal statement. The user can notify PETROL of their withdrawal from the contract via email, with a copy of the invoice or other proof identifying the purchase attached. This can be sent to the email address podpora.strankam@petrol.si or podrska.kupcima@petrol.hr with the note "for PETROL GO." Users can also notify PETROL of their withdrawal via the toll-free number 080 22 13. For proof of withdrawal, it is recommended that the user submits the withdrawal statement in writing. The withdrawal statement is considered timely if it is sent within 14 days of receiving the product, which is subject to withdrawal from the contract under applicable consumer protection laws. 

The withdrawal period for a purchase of goods begins on the day when:

  • the consumer or a third party, who is not the carrier and is named by the consumer, takes physical possession of the goods,
  • the consumer or a third party, who is not the carrier and is named by the consumer, takes possession of the last item if the contract involves multiple items ordered in one order,
  • the consumer or a third party, who is not the carrier and is named by the consumer, takes possession of the last shipment or item if the delivery of goods is made in several shipments or items,
  • the consumer or a third party, who is not the carrier and is named by the consumer, takes physical possession of the first item if the delivery of goods occurs regularly over a set period.

The previous paragraph applies mutatis mutandis to digital content delivered on a physical data carrier.

If the contract concluded remotely involves the provision of services or the delivery of digital content not provided on a physical data carrier, the withdrawal period begins on the day the contract is concluded.

It is considered that the consumer user has submitted the withdrawal statement on time if they send it within 14 days of receiving the goods or digital content provided on a physical data carrier, which is subject to withdrawal, and in the case of services or digital content not delivered on a physical data carrier, within 14 days of concluding the contract. To meet the withdrawal deadline, it is sufficient for the user to send the notification regarding their exercise of the right to withdraw before the withdrawal period expires. The consumer is responsible for the cost of returning the goods or digital content delivered on a physical data carrier. If the nature of the goods or digital content delivered on a physical data carrier prevents it from being returned by mail, the consumer bears the return cost, which is charged according to the applicable price list of the chosen provider. Products must be returned to PETROL no later than 14 days from the submission of the withdrawal notice. The user is responsible for any reduction in the value of the product if the reduction results from handling that was not necessary to determine the nature, characteristics, and functionality of the product. The user’s responsibility for the reduction in value may amount to the full regular retail price of the product on the day of purchase, determined on a case-by-case basis. Due to the mentioned liability for reduced value, the user is advised to return the product in its original condition, unused, and in the original packaging to avoid damage during transport. PETROL will request payment from the user for the reduced value of the product.

Users can submit complaints through all available channels, such as Povej Petrolu, the contact center, customer support, or the sales point where the product or service was purchased.

In the case of withdrawal from the contract, the consumer user may not use the digital content or service and may not make it available to third parties. In the event of withdrawal from the contract, the company may, notwithstanding the previous paragraph, prevent any further use of the digital content or service, particularly by disabling access to the digital content or service or deactivating the user account.

Each return of products must be accompanied by a written explanation that the product is being returned due to withdrawal from a remote contract, along with a copy of the invoice or other proof of purchase.

Razen Unless otherwise agreed, the consumer user does not have the right to withdraw from the contract in the following cases:

  1. contracts for goods or services whose price depends on fluctuations in the markets beyond PETROL's control, which may occur during the withdrawal period;
  2. contracts for goods made according to the consumer's specifications or clearly personalized;
  3. contracts for goods that are perishable or have a short shelf life;
  4. contracts for services that bind the consumer to payment if PETROL has fully performed the contract and the performance of the service began with the consumer's express prior consent and acknowledgment that they lose the right to withdraw once PETROL has fully performed the contract;
  5. contracts for the supply of sealed audio or video recordings and computer programs if the consumer has unsealed them after delivery;
  6. contracts for the supply of newspapers, periodicals, or magazines, except for subscription contracts for such publications;
  7. contracts for the supply of sealed goods that are not suitable for return due to health or hygiene reasons if the consumer has unsealed them after delivery;
  8. contracts for goods that are, by their nature, inseparably mixed with other items;
  9. contracts for the supply of alcoholic beverages whose price was agreed upon at the time of the contract and which can be delivered after 30 days, and whose actual value depends on market fluctuations beyond PETROL's control;
  10. contracts concluded at public auctions;
  11. contracts where the consumer expressly requested a visit by PETROL to carry out urgent repairs or maintenance. If PETROL provides additional services during such a visit that the consumer did not explicitly request or delivers goods that are not replacement parts necessary for maintenance or repair, the consumer has the right to withdraw from the contract for such additional services and goods;
  12. contracts for accommodation, transportation of goods, car rental, preparation and delivery of food, or leisure services, where the company undertakes to fulfill its obligation on a specific date or within a specific period;
  13. contracts for the supply of digital content not delivered on a physical data carrier, if the performance has begun and, where the contract binds the consumer to payment, if:
  • the consumer has previously given express consent to the commencement of performance during the withdrawal period,
  • the consumer has acknowledged that they lose the right to withdraw, and
  • PETROL has provided confirmation of the concluded contract in accordance with the provisions of the law governing consumer rights protection.

In cases of withdrawal from a contract where points or Golden Points have been used, these will be returned to the consumer's account or Petrol club card, and the amount paid will be refunded to the consumer’s transaction account. Refunds (the purchase price of items and services from which the contract was withdrawn, including delivery costs, except for additional costs incurred due to the selection of a delivery method that is not the most economical standard delivery offered by PETROL or its subcontractor) will be made as soon as possible, but no later than 14 days after receiving the withdrawal notice from the remote contract. PETROL will return the payments received using the same payment method the consumer used unless the consumer explicitly requests the use of a different payment method and does not incur any costs because of it. PETROL may withhold reimbursement until the returned goods are received or until the consumer provides proof that the goods have been sent back.

PETROL may refuse an order from a consumer user or, despite confirming the order, withdraw from the concluded remote purchase contract if it is found that the consumer is abusing the right to withdraw from the contract.
If a user makes a purchase of food, drinks, other goods, services, or digital content displayed in the "Order and Collect" section using a Petrol business payment card, it is considered that the purchase was made on behalf of and for the account of the legal or natural person conducting economic activity that has concluded an Agreement for the use of Petrol business payment cards with the issuer. As a result, the user is not entitled to the rights to withdraw from the remote contract that apply to consumers, as described above, and the contract is binding and cannot be withdrawn solely based on its remote conclusion.

6.7.    Sale of Alcoholic Beverages

When ordering and purchasing alcoholic beverages and drinks that contain added alcohol (hereinafter: alcoholic beverages) through the mobile application, the user confirms that they are aware that, in accordance with the current Law on Alcohol Consumption Restriction, the sale and offer of alcoholic beverages is prohibited:

  • to persons under 18 years of age;
  • to persons who show obvious signs of intoxication from alcohol;
  • to persons who can reasonably be assumed to be purchasing the beverages for persons under 18 years of age;
  • to persons who can reasonably be assumed to be purchasing the beverages for persons who show obvious signs of intoxication from alcohol.

If the cart contains products subject to age restrictions and/or other legal conditions for purchase according to applicable laws, particularly if it contains alcoholic beverages, the user agrees to confirm by checking the appropriate box before confirming and submitting the order in the mobile application that they meet the age restrictions and other legal conditions for purchasing alcoholic beverages. The user guarantees and is responsible for the accuracy and truthfulness of the confirmed information and for fulfilling the legal conditions for purchasing the selected alcoholic beverages as described in this section.

Notwithstanding the previous paragraph, PETROL reserves the right to require the user, who is suspected of not meeting the conditions outlined in the first paragraph of this section, to present identification proving their age at the time of collecting the alcoholic beverages at the designated sales point. If the person or user refuses, the alcoholic beverages cannot be sold or offered and delivered to them.
If the user does not meet the legal conditions outlined in the first paragraph of this section, which apply to the purchase of alcoholic beverages, PETROL also reserves the right to unilaterally terminate the order and contract for the purchase of alcoholic beverages. In such a case, the ordered goods will not be delivered to the user, and the purchase of alcoholic beverages will be canceled, with the user receiving a refund of the purchase price via the payment method used for the purchase through the mobile application.

The user is further informed that the sale of alcoholic beverages is prohibited between 9:00 PM and 7:00 AM the following day, except in catering establishments where the sale of alcoholic beverages is permitted until the end of their operating hours as determined by law (applies only to Slovenia). Notwithstanding the previous paragraph, the sale of spirits is prohibited in catering establishments from the start of daily operating hours until 10:00 AM. The ban also includes adding spirits to non-alcoholic beverages and other drinks (applies only to Slovenia). In sports facilities and adjacent premises (sports complex), the sale or offer of alcoholic beverages containing more than 15% alcohol is prohibited one hour before and during a public sports event.

To maintain public order, security of property, or people, the organizer may decide not to sell or offer alcoholic beverages one hour before and during a public sports event if it is a medium- or high-risk event where violations of public order or threats to people's safety or property are expected. For high-risk public sports events that require a permit, the competent authority may impose a ban on the sale or offer of alcoholic beverages containing more than 15% alcohol as an additional measure for greater security and public order. The competent authority may also prohibit the sale or offer of alcoholic beverages at events where the police are officially maintaining public order or where conditions for police assistance in maintaining public order are met under the law governing public gatherings. The measure is proposed by the police based on a threat assessment made for the event in accordance with regulations governing public gatherings (applies only to Slovenia).
The user is informed that the sale or offer of alcoholic beverages in sports facilities and on adjacent premises (sports complex) during the sports event is only permitted in open, single-use paper, plastic, or aluminum packaging.

The user is informed that in the case of purchasing alcoholic beverages under the "Events" category, PETROL acts on behalf of and for the account of the Event organizer. 

6.8. Legal Relations

The user of the mobile application enters into a purchase contract with the entity from which they order and collect the goods (hereinafter: the Actual Seller). If the Actual Seller is not the direct recipient of the payment from the selected payment method, it is nevertheless considered that the user has paid the purchase price or other amount to the Actual Seller. If the Actual Seller is not Petrol, the provisions of these terms and conditions that apply to Petrol are applied appropriately to the Actual Seller.

6.9. Fire Safety

For purchases/payments of fuels and vehicle washing, the mobile application can only be used in personal and cargo vehicles to ensure fire safety. The mobile application must not be used in vehicles without a cabin (e.g., motorcyclists, tractor drivers, convertible drivers, cyclists, etc.) or by pedestrians. PETROL may also impose quantity limits on individual purchases for business reasons or fire safety reasons.

7.1 Warranty

Goods are covered by a warranty if stated on the warranty card, invoice, or in advertising messages available at the time of or before the conclusion of the contract, or if stipulated by applicable regulations. The warranty provider (hereinafter also: the guarantor) guarantees the quality or flawless operation of individual goods within the warranty period, provided that the goods are used according to their intended purpose and in accordance with the accompanying instructions for use and assembly. The warranty period begins on the day the goods are delivered to the buyer.
The consumer may claim rights under the warranty directly with PETROL as the guarantor, provided that PETROL has issued the warranty card, or with the authorized service center listed on the warranty card. Detailed instructions and conditions for exercising the warranty are listed on the warranty card, which is included with the goods.

When claiming the warranty with PETROL, which only applies in cases where PETROL is the guarantor, the user must submit a statement detailing the user's findings regarding the malfunction or non-conformity of the goods and request that the non-conformity be rectified. The user must also provide the warranty card and a copy of the invoice. The user must allow PETROL or the authorized service center to inspect the goods.

The user may also submit a warranty claim for goods where the manufacturer is the guarantor and the goods were purchased from PETROL. In such cases, PETROL acts only as the user's representative by forwarding the user's warranty claim to the manufacturer or the manufacturer's authorized service center, if listed on the warranty card. The user further authorizes PETROL to receive the manufacturer's response or decision regarding the warranty claim on behalf of the user and forward it to the user. By forwarding the user's warranty claim and the manufacturer's response, PETROL assumes no responsibility for the resolution of the user's warranty claim and is not liable for any damages related to the resolution of the warranty claim. The user is required to sign a statement confirming their understanding and agreement with the rights and obligations described in this paragraph. The user must allow the manufacturer or the authorized service center, listed on the warranty card, to inspect the goods for which the warranty claim is being made. The user is informed that the statutory period for resolving their warranty claim begins on the day PETROL, on behalf of the buyer, submits the warranty claim to the manufacturer or authorized service center listed on the warranty card, and when the goods for which the warranty claim is being made are made available for inspection. The user is also informed that they must reimburse PETROL for any damages and costs incurred by PETROL as a result of an unjustified warranty claim made by the user.

7.2. Mandatory Guarantee for the Conformity of Goods and Deficiencies in Performed Services

In addition to fulfilling the requirements listed in the previous paragraph, the goods must also:

  1. Be suitable for the purposes for which goods of the same type are normally used, taking into account, when applicable, relevant regulations, technical standards, or in the absence of such standards, sector-specific codes of conduct that apply to the respective sector;
  2. Be of the quality and match the description of a sample or model that Petrol provided to the consumer before the conclusion of the sales contract, when applicable;
  3. Be delivered with such accessories, including packaging, installation instructions, or other instructions, as the consumer may reasonably expect to receive, when applicable; and
  4. Have the quantity, durability, functionality, compatibility, and safety characteristics that are typical for goods of the same type and that the consumer can reasonably expect, based on the nature of the goods and considering any public statements made in advertising or labeling by or on behalf of the seller or others in previous contractual chains, including the manufacturer, unless Petrol proves that:
    ○ It was unaware and could not reasonably have been expected to be aware of the public statement;
    ○ The public statement was corrected before the sales contract was concluded in the same or a comparable manner to how it was made; or
    ○ The public statement could not have influenced the purchase decision for the goods. (all referred to as: objective requirements for goods conformity)

In the case of goods with digital elements, Petrol ensures that the consumer is informed about updates, including security updates, necessary to maintain the conformity of the goods with digital elements and that such updates are provided within a period:

  • That the consumer can reasonably expect based on the type and purpose of the goods and digital elements, and considering the circumstances and nature of the contract, where the sales contract provides for a one-time delivery of digital content or digital service; or
  • Of two years from the delivery of the goods with digital elements, where the sales contract provides for continuous delivery of digital content or digital service over a specified period; or
  • During which, under the sales contract, digital content or digital service must be provided, where the sales contract provides for continuous delivery of digital content or digital service for a period longer than two years. (all referred to as: objective requirements for conformity of goods with digital elements)

If the consumer fails to install updates provided according to the previous paragraph within a reasonable time, Petrol is not liable for non-conformity resulting solely from the lack of installation of the update, provided that:

  • Petrol informed the consumer about the availability of the update and the consequences of not installing it; and
  • The reason the consumer failed to install the update or improperly installed it was not due to faulty installation instructions provided to the consumer.

Petrol is not responsible for non-conformity of the goods resulting from failure to meet objective requirements for goods conformity or conformity of goods with digital elements, if Petrol specifically informed the consumer at the time of concluding the sales contract that a particular characteristic of the goods deviates from the objective requirements for conformity, and the consumer expressly and separately accepted this deviation at the time of concluding the sales contract. 

If installation is part of the sales contract and is performed or arranged by Petrol, any non-conformity resulting from improper installation of the goods is considered non-conformity of the goods. If the consumer improperly installs goods that they are responsible for installing due to inadequate installation instructions provided by Petrol, or in the case of goods with digital elements, any non-conformity resulting from the improper installation of the goods is considered non-conformity of the goods.

In the event of non-conformity of the goods, the consumer who has notified Petrol of the non-conformity is entitled, under the conditions and in the order specified in this section, to:

  1. Request from the seller a free-of-charge restoration of the goods' conformity;
  2. Request a reduction of the purchase price in proportion to the non-conformity or withdraw from the sales contract and request a refund of the paid amount.

The consumer can demand that Petrol restore the goods' conformity within a reasonable period from the moment they notify Petrol of the non-conformity, without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer needs the goods.

This period may be extended to the shortest possible time necessary to complete the repair or replacement, but no longer than 15 days. When determining the extended period, the nature and complexity of the goods, the nature and severity of the non-conformity, and the effort required to complete the repair or replacement are taken into account. Petrol will inform the consumer about the number of days for extending the period and the reasons for the extension before the original period expires. The goods are considered restored to conformity free of charge if Petrol bears all necessary costs incurred in restoring the goods' conformity, particularly shipping, transport, labor, or materials costs. To restore the goods' conformity, the consumer can choose between repairing the goods and replacing them with new, defect-free goods, unless:

  • The chosen warranty claim is impossible or
  • Fulfilling the chosen warranty claim would result in disproportionate costs for the seller compared to the other warranty claim, considering all circumstances.

The circumstances from the second bullet point of the previous paragraph are particularly the value the goods would have had if they had been compliant, the significance of the non-conformity, and the possibility of providing the consumer with another warranty claim without significant inconvenience. 

Petrol may refuse the consumer's warranty claim for restoring the goods' conformity if both repair and replacement are impossible or if they would cause disproportionate costs for Petrol, considering all circumstances, including those from the previous paragraph.

When restoring conformity requires the repair or replacement of the goods, the consumer makes the goods available to the seller. When restoring conformity requires the replacement of goods, Petrol will take back the replaced goods at its own expense. When the goods, which were installed in accordance with their nature and purpose before the non-conformity became apparent, need to be removed for repair or replacement, the obligation to repair or replace the goods includes the removal of the non-conforming goods and the installation of replacement or repaired goods, or covering the costs of such removal and reinstallation. The consumer does not have to pay for the normal use of the replaced goods during the period before replacement.

Consumers can request a proportional reduction in the purchase price or withdraw from the sales contract in the following cases:

  • Petrol has not repaired or replaced the goods or, where appropriate, has not completed the repair or replacement of the goods in accordance with the law, or has refused the consumer's warranty claim for bringing the goods into conformity in accordance with the previous section of this article;
  • The non-conformity exists even though Petrol has attempted to bring the goods into conformity;
  • The nature of the non-conformity is so severe that it justifies an immediate proportional reduction in the purchase price or withdrawal from the sales contract;
  • Petrol has stated, or it is evident from the circumstances, that Petrol will not bring the goods into conformity within a reasonable period or without significant inconvenience to the consumer.

Regardless of the previous paragraph, the consumer may withdraw from the sales contract and request a refund if the non-conformity occurs within 30 days of the delivery of the goods. If the consumer requests a proportional reduction in the purchase price, the reduction is proportionate to the decrease in the value of the goods received by the consumer compared to the value the goods would have had if they were in conformity. The consumer exercises the right to withdraw from the sales contract by notifying Petrol of the decision to withdraw from the contract. If the non-conformity concerns only part of the goods delivered under the sales contract and there is a reason for withdrawal from the contract under the first or second paragraph of this article, the consumer may withdraw from the contract for that part of the goods and any other goods purchased together with the non-conforming goods, if it is unreasonable to expect the consumer to retain only the goods that are in conformity. When the consumer withdraws from the contract, the consumer must return the goods to Petrol at Petrol's expense. The consumer cannot withdraw from the sales contract if the non-conformity is insignificant. The burden of proof regarding whether the non-conformity is insignificant lies with Petrol.

When the consumer withdraws from the sales contract, Petrol must refund the amount paid by the consumer without delay, but no later than eight days after receiving the goods or proof that the consumer has sent the goods back. If the consumer requests a proportional reduction in the purchase price, Petrol must refund the reduced amount within eight days of receiving the consumer's request for a proportional reduction.

The contract for the provision of services, in accordance with the applicable consumer protection laws, refers to contracts other than sales contracts, under which Petrol undertakes to provide a service to the consumer, and the consumer agrees to pay a certain price for it. In the event of a defect in the performed service, the consumer who has notified Petrol of the defect can:

  • Request a free correction of the defect in the performed service;
  • Request the service to be performed again;
  • Request a refund of part of the purchase price proportionate to the defect in the performed service; or
  • Withdraw from the contract and request a refund of the amount paid.

The time limits applicable to the seller's liability for non-conformity of goods also apply to service providers unless a longer period is provided by special law.
If the existence of a defect in the performed service is not disputed, Petrol must meet the consumer's request as soon as possible, but no later than eight days. Petrol must respond in writing to the consumer's request no later than eight days after receiving it if the existence of the defect in the service is disputed.

7.3. Mandatory Warranty for the Conformity of Digital Content or Digital Services – Applies Only to Consumers

(The provisions regarding the mandatory warranty for the conformity of digital content or digital services apply only in Slovenia)

Digital content or digital services are considered to conform to the contract for the supply of digital content or digital services particularly when:

  1. They match the description, quantity, and quality, and have the functionality, compatibility, interoperability, and other features as agreed upon in the contract for the supply of digital content or digital services;
  2. They are suitable for the specific purpose for which the consumer needs them, which the consumer has communicated to Petrol no later than at the time of concluding the contract for the supply of digital content or digital services, and to which Petrol has agreed;
  3. They are delivered together with all accessories, instructions, including installation instructions and customer support, as agreed upon in the contract for the supply of digital content or digital services; and
  4. They are updated as specified in the contract for the supply of digital content or digital services. (hereinafter collectively referred to as: subjective requirements for the conformity of digital content or digital services)

In addition to meeting the subjective requirements for the conformity of digital content or digital services mentioned in the previous paragraph, the digital content or digital service must also:

  1. Be suitable for the purposes for which digital content or digital services of the same type are generally used, taking into account other regulations, technical standards, or industry codes of conduct that apply to the specific sector, where technical standards for the given sector are absent;
  2. Be delivered with all accessories and instructions that the consumer can reasonably expect to receive, where appropriate;
  3. Conform with any trial version or preview of the digital content or digital services that Petrol provided before the conclusion of the contract for the supply of digital content or digital services; and
  4. Be in such quantity and possess characteristics and performance, including functionality, compatibility, accessibility, continuity, and security, that are usual for digital content or digital services of the same type and that the consumer can reasonably expect given the nature of the digital content or digital services, taking into account any public statement made, especially in advertising or labeling, by or on behalf of the company or other persons in previous links in the contractual chain, including the manufacturer, unless Petrol can prove that:
  • It was unaware of the relevant public statement and could not reasonably have been expected to be aware of it;
  • The public statement was corrected before the conclusion of the contract for the supply of digital content or digital services in the same or a comparable manner as it was made; or
  • The public statement could not have influenced the consumer's decision to purchase the digital content or digital services.

The digital content or digital services are provided in the latest version available at the time of the conclusion of the contract for the supply of digital content or digital services unless the contracting parties agree otherwise. If the contract for the supply of digital content or digital services stipulates the continuous supply of digital content or digital services over a specified period, it is considered that the digital content or digital services conform to the contract if they are in conformity throughout the entire period (hereinafter collectively referred to as: objective requirements for the conformity of digital content or digital services).

Petrol ensures that the consumer is informed about updates, including security updates, necessary to maintain the conformity of digital content or digital services with the contract for the supply of digital content or digital services.

Petrol guarantees that the updates mentioned in the previous paragraph of this article are provided or made available to the consumer during the period:

  • In which the digital content or digital service must be supplied according to the contract for the supply of digital content or digital services, when the contract stipulates continuous supply of digital content or services over a specified period, or
  • That the consumer can reasonably expect, based on the type and purpose of the digital content or digital service, taking into account the circumstances and nature of the contract for the supply of digital content or services, when the contract provides for a one-time supply of digital content or services or a series of individual deliveries.

If the consumer does not install the updates provided by Petrol within a reasonable time, Petrol is not liable for any non-conformity resulting solely from the lack of updates, provided that:

  • Petrol has informed the consumer about the availability of the update and the consequences of failing to install it, and
  • The reason the consumer did not install or incorrectly installed the updates was not due to incomplete installation instructions provided by Petrol.

When a restriction resulting from the infringement of third-party rights, particularly intellectual property rights, prevents or limits the use of digital content or services according to Articles 110, 111, 112, and 113 of ZVPot-1, the consumer is entitled to claim warranty rights for non-conformity of the digital content or service as described in this chapter, unless another regulation stipulates the nullity or annulment of the contract for the supply of digital content or services due to infringement of third-party rights.
Petrol is not liable for non-conformity of the supplied digital content or service due to failure to meet the objective requirements for the conformity of digital content or services as described above, if, at the time of concluding the contract for the supply of digital content or services, Petrol specifically informed the consumer that certain features of the digital content or service deviate from the objective requirements for conformity, and the consumer explicitly and separately accepted this deviation when concluding the contract for the supply of digital content or service. 

Any non-conformity of digital content or a digital service caused by improper integration of the digital content or digital service into the consumer’s digital environment is considered non-conformity if:

  • The digital content or digital service was integrated by the company or under the company’s responsibility, or
  • The digital content or digital service was intended to be integrated by the consumer, but the improper integration occurred due to inadequate instructions provided by Petrol.

Petrol is responsible for any failure to deliver the digital content or digital service in accordance with Article 107 of ZVPot-1. If a one-time supply of digital content or a digital service or a series of individual supplies of digital content or digital services is agreed upon in the contract for the supply of digital content or digital services, Petrol is responsible for any non-conformity of the digital content or digital service under Articles 110, 111, 112, 113, and 114 of ZVPot-1, which exists at the time of delivery and manifests within two years from the delivery of the digital content or service. If the contract for the supply of digital content or services provides for the continuous supply of digital content or services over a specified period, Petrol is responsible under Articles 110, 111, 112, 113, and 114 of ZVPot-1 for any non-conformity that occurs or manifests within the period during which the digital content or services must be supplied.

The burden of proof that the digital content or digital service was supplied in accordance with Article 107 of ZVPot-1 lies with Petrol. In the case of a one-time supply of digital content or services or a series of individual supplies, Petrol carries the burden of proving that the digital content or service was compliant at the time of delivery if non-conformity manifests within one year of the delivery. In the case of continuous delivery of digital content or services over a specified period, Petrol carries the burden of proof that the digital content or service was compliant during the period in which it was to be supplied, if non-conformity manifests within this period. Regardless of the aforementioned, Petrol does not bear the burden of proof regarding the compliance of the supplied digital content or service if it proves that the consumer's digital environment was incompatible with the technical requirements of the digital content or service and if Petrol clearly and understandably informed the consumer of these requirements before concluding the contract for the supply of digital content or services.

The consumer is required to cooperate with Petrol to a reasonable extent necessary to determine whether the consumer’s digital environment is the cause of the non-conformity of the digital content or service during the period specified in the previous paragraph of this article. The consumer's obligation to cooperate is limited to technically available means that are least disruptive to the consumer.
If the consumer does not cooperate with Petrol as required by the previous paragraph and Petrol informed the consumer of this requirement clearly and understandably before concluding the contract for the supply of digital content or services, the burden of proof regarding whether the non-conformity existed within the period specified in the second or third paragraphs of Article 116 of ZVPot-1, as applicable, falls on the consumer.     

The consumer may, in the event of non-compliance of digital content or digital services, under the conditions set out in this section:

  • request the rectification of the non-compliance of the digital content or digital service;
  • request a proportional reduction in the purchase price; or
  • withdraw from the contract for the supply of the digital content or digital service.

The consumer also has the right to claim compensation from Petrol, especially if the supplied digital content or digital service causes damage to hardware, other digital content, or digital services owned by the consumer, and the damage was not caused by the consumer's actions or omissions. The consumer claims compensation in accordance with general liability rules. The consumer may withhold payment of the remaining purchase price or part of it until Petrol fulfills its obligations under this section. The consumer exercises this right by notifying Petrol of their decision. The consumer's rights from the first paragraph of this article expire two years from the date the consumer notified Petrol of the non-compliance of the digital content or service.

The consumer may request the rectification of the non-compliance of the digital content or digital service unless this would be impossible or would cause disproportionate costs for the company, taking into account all the circumstances of the case, including:

  • the value the digital content or digital service would have if it were compliant, and
  • the significance of the non-compliance.

Petrol must rectify the non-compliance of the digital content or digital service within a reasonable time from the moment the consumer notified Petrol of the non-compliance, free of charge, and without significant inconvenience to the consumer, considering the nature of the digital content or service and the purpose for which the consumer required it.

The consumer may request a proportional reduction in the purchase price or withdraw from the contract for the supply of the digital content or digital service in any of the following cases:

  • rectifying the non-compliance is impossible or disproportionate according to the previous paragraph;
  • Petrol has not rectified the non-compliance within a reasonable time;
  • the digital content or service remains non-compliant despite Petrol's attempts to rectify it;
  • the nature of the non-compliance is so serious that it justifies an immediate proportional reduction in the purchase price or withdrawal from the contract; or
  • Petrol has declared or it is evident from the circumstances that Petrol will not rectify the non-compliance within a reasonable time or without significant inconvenience to the consumer.

The value of the proportional reduction in the purchase price is proportional to the reduction in value of the digital content or service supplied to the consumer compared to the value it would have had if it had been compliant. If the contract for the supply of digital content or services specifies that the digital content or service is to be supplied over a certain period for payment, the purchase price is reduced for the period during which the compliance of the digital content or service was not ensured.
However, the consumer may only withdraw from the contract if the non-compliance is not insignificant. The burden of proof regarding whether the non-compliance is insignificant rests with Petrol. The consumer exercises the right to withdraw from the contract for the supply of digital content or services by notifying Petrol of their decision to withdraw.     

If the consumer withdraws their consent for the processing of personal data or objects to the further use of their personal data under contracts mentioned in the first paragraph of Article 104 of the ZVPot-1, Petrol may terminate the contract obligating it to supply digital services or content. The contract is terminated with immediate effect if the statutory or contractual notice period imposes a disproportionate burden on Petrol. Compensation claims by the company against the consumer due to the withdrawal of consent for personal data processing are excluded in such cases. After the withdrawal of consent, the consumer's personal data is returned, deleted, or otherwise destroyed in agreement with the consumer.

If the consumer withdraws from the contract for the supply of digital content or services, Petrol will refund all payments made by the consumer under the contract for the supply of digital content or services.

Notwithstanding the previous paragraph, if the contract for the supply of digital content or services includes the supply of digital content or services for a fee and for a specified period, and compliance was provided for some time before the consumer's withdrawal from the contract, Petrol will only return a proportionate part of the paid price corresponding to the period during which compliance was not ensured.

In the case mentioned in the previous paragraph, Petrol will also refund any portion of the pre-paid amount for the remaining period of the contract if the consumer had not withdrawn from the contract.

When the consumer exercises a claim for a proportional reduction in the purchase price or for withdrawal from the contract for the supply of digital content or services under Articles 120 or 122 of the ZVPot-1, Petrol will return the received payments to the consumer without undue delay and no later than 14 days from the day Petrol was informed of the consumer's decision. Petrol will return the payments using the same payment method the consumer used unless the consumer expressly agrees to a different payment method and incurs no additional costs for doing so. Petrol does not charge the consumer any fees for refunding received payments.

After the termination of the contract for the supply of digital content or services, Petrol is prohibited from using any content provided or created by the consumer while using the digital content or services, except in the following cases:

  • the content cannot be used outside the digital content or services provided by Petrol;
  • the content relates solely to the consumer's activity using the digital content or services provided by Petrol;
  • Petrol has combined the content with other data and can no longer separate it, or separating it would require disproportionate effort; or
  • the content was jointly created by the consumer and others, and the other consumers can still use it.

Except in the cases mentioned in the first, second, and third bullet points of this paragraph, Petrol must make available to the consumer, upon request, all content that is not personal data and that the consumer provided or created while using the digital content or services supplied by Petrol. 

The consumer can retrieve the digital content from the previous paragraph of this section free of charge, within a reasonable period, and in a commonly used, machine-readable format, without being hindered by Petrol.
In the event of the consumer withdrawing from the contract for the supply of digital content or digital services, Petrol may, regardless of the previous two paragraphs, prevent the consumer from further using the digital content or digital services, particularly by disabling the consumer's access to the digital content or digital services or by deactivating the consumer's user account.
After withdrawing from the contract for the supply of digital content or services, the consumer must refrain from using the digital content or services and must not make them available to third parties. If the digital content was delivered to the consumer on a physical data carrier, the consumer must return the physical data carrier to the company at the company's expense and without unnecessary delay, upon the company’s request.
Petrol must submit the request for the return of the physical data carrier within 14 days of being informed of the consumer's decision to withdraw from the contract for the supply of digital content or services. The consumer is not required to pay for the use of the digital content or services for the period before the withdrawal, during which the content or services were not compliant.
If the contract for the supply of digital content or services stipulates that the digital content or services are to be provided or made available to the consumer for a specified period, Petrol can modify the content or services beyond what is necessary to ensure compliance with Articles 110, 111, 112, and 113 of ZVPot-1, provided the following conditions are met:
•    The contract for the supply of digital content or services allows and adequately justifies such a change;
•    The change is made without additional cost to the consumer;
•    The consumer is informed of the change in a clear and understandable manner; and
•    In the cases outlined in the following paragraph, the consumer is notified in advance in a reasonable period on a durable medium about the nature and timing of the change, as well as their right to withdraw from the contract for the supply of digital content or services or retain the unmodified version of the digital content or services.

The consumer may withdraw from the contract for the supply of digital content or services if the modification negatively affects the consumer’s access to or use of the content or services unless the negative impact is negligible. In such a case, the consumer has the right to withdraw from the contract for the supply of digital content or services at no cost within 30 days of receiving the notice of modification or from the moment when Petrol modifies the digital content or services, whichever occurs later. If the consumer withdraws from the contract under this paragraph, the provisions of the fifth paragraph of Article 120 and Articles 122 to 125 of ZVPot-1 apply.

Notwithstanding the previous two paragraphs, the consumer does not have the right to withdraw from the contract if Petrol allows the consumer to retain the unmodified digital content or services free of charge and ensures the compliance of that content or service. The provisions of this section do not apply to service packages under the law governing electronic communications when the package includes elements of internet access services as defined in point 2 of Article 2 of Regulation 2015/2120/EU or includes number-based interpersonal communication services.

Furthermore, there is a material defect if:

  • the goods are not suitable for use for the purposes for which such goods are usually used, considering all applicable EU and Croatian regulations, technical standards, or, if unavailable, applicable codes of conduct in a specific sector, if they exist;
  • the goods do not meet the quality and description of the sample or model that PETROL made available to the buyer before the conclusion of the sales contract;
  • the goods were not delivered with the necessary additional equipment, including packaging, assembly instructions, or other instructions that the buyer could reasonably expect;
  • the goods do not meet the quantity or do not possess the expected properties and other characteristics, including durability, functionality, compatibility, and safety, which are customary for such goods and that the buyer can reasonably expect given the nature of the goods and considering all public declarations made by PETROL or others in earlier stages of the transaction chain, including the manufacturer, especially in advertising or labeling;
  • for goods intended to be installed or assembled by the customer, if the customer incorrectly installed or assembled them due to insufficient instructions from PETROL or for goods with digital elements provided by PETROL or the supplier of digital content or services.

If it is discovered that the product has a defect that could not have been identified by a usual inspection upon receipt, the buyer must notify PETROL of the defect within 2 months of discovering it, or immediately in commercial contracts, to avoid losing their rights. PETROL is not liable for defects that appear after 2 years from the delivery of the item, or 6 months in commercial contracts.

A buyer who has properly and timely notified PETROL of a defect in the purchased goods may demand that the defect be remedied, meaning they have the right to repair or replacement, at their choice. If PETROL fails to remedy the defect within a reasonable period provided by the buyer, i.e., does not carry out the repair or replacement, the buyer may withdraw from the contract or demand a price reduction.

When asserting the right to remedy a defect, the buyer has the right to choose between repair and replacement of the goods, unless the chosen remedy is impossible or would incur disproportionate costs for PETROL, considering all circumstances, especially the value of the goods without defects, the significance of the defect, and whether repair or replacement can be performed without major inconvenience to the buyer.

PETROL is authorized to refuse to remedy the defect if both repair and replacement are impossible or would incur disproportionate costs, considering all circumstances, particularly the value of the goods without defects, the significance of the defect, and whether repair or replacement can be performed without major inconvenience to the buyer.

The buyer is entitled to a price reduction or withdrawal from the sales contract only if PETROL has not remedied the defect, or if PETROL has refused to do so, or if the defect remains despite an attempt by PETROL to remedy it, or if PETROL declares that it will not remedy the defect, or if it is obvious from the circumstances that PETROL will not remedy the defect within a reasonable time without major inconvenience to the buyer, or if the defect is so serious that it justifies an immediate price reduction or termination of the contract. The buyer has the right to withhold any unpaid portion of the price until PETROL fulfills its obligations regarding material defect liability. If the defect is minor, the buyer is not entitled to withdraw from the contract but retains other rights regarding material defects, including the right to claim damages.

PETROL bears the costs of remedying the defect and providing another defect-free item.

Repair or replacement of defective goods must be carried out without additional cost to the buyer, within a reasonable period from the time the buyer informed PETROL of the defect.

During the repair or replacement process, the buyer must make the goods available to PETROL, and PETROL is obligated to collect the goods and bear the collection costs.

In the case of replacement, the consumer is not required to pay for normal use of the replaced goods during the period before their replacement.

The buyer does not have the right to withdraw from the sales contract due to a defect in the goods if they cannot return the goods or return them in the condition in which they were received, except if the goods were entirely or partially destroyed or damaged due to a defect that justifies contract termination, or due to an event that was not caused by the buyer or any person for whom they are responsible. A buyer who has lost the right to withdraw from the contract due to the inability to return the goods or return them in the condition in which they were received retains other rights granted by law due to the existence of the defect, such as demanding the delivery of a defect-free item.

7.5. Procedure for Asserting Non-Conformity or Material Defects

The user and/or consumer must clearly notify PETROL of any non-conformity of goods, digital content, or deficiencies in the service provided, along with a precise description of the issue. The user can exercise their rights under the warranty for product conformity or material defects if they notify PETROL of the non-conformity or material defects in the goods, digital content, or deficiencies in the provided service within the legally specified timeframe. The user must allow PETROL, or PETROL's representative or authorized service provider, designated by PETROL, to inspect the goods, digital content, or service provided.

The user can submit a complaint through any available channels, such as the "Povej Petrolu" platform, the contact center, customer support, or at the point of sale where the product or service was purchased.

Rights and obligations arising from the warranty are governed by the provisions of the applicable Consumer Protection Act and Obligations Code.

Regarding mandatory warranties for the conformity of goods and digital content or services, and deficiencies in services provided, the provisions of the applicable Consumer Protection Act apply to consumers. For users who are not considered consumers, the provisions of the applicable Obligations Code governing liability for material defects are applied.

PETROL does not assume any responsibility or provide any guarantees to users for any potential malfunctions or inability to use the mobile application but will strive to ensure its smooth operation. However, this provision does not exclude PETROL’s liability for damage caused to the user, which, under consumer protection laws, is deemed to have been caused intentionally or due to negligence.

Certain functionalities in the mobile application use independent external services and applications. The use of these services is subject to the terms of use of the external service, as set by the owner of the service or application, and PETROL assumes no responsibility or provides guarantees in this regard.

PETROL is also not responsible for the form and content of data obtained through web links that are not owned by PETROL.

PETROL is not responsible for occasional malfunctions of the mobile application, potential inaccuracies in information, or any damage and/or loss of income.

Therefore, PETROL is not liable for any damages arising, for example, from accessing information, using or being unable to use information, or for any errors or omissions in the content. This provision does not exclude PETROL’s liability for damage caused to the user that, under consumer protection laws, is deemed to have been caused intentionally or due to negligence.

The information in the mobile application is for informational purposes only, and PETROL does not assume any responsibility for any errors in the content or for the correctness and accuracy of the published data, which may have occurred due to time discrepancies, entry errors, or other unpredictable causes.

The user is responsible for all activities conducted using their user account. In case of any unauthorized use or a reasonable suspicion of such access, the user must immediately notify PETROL, as outlined in section 4.1 of these terms and conditions. PETROL is not responsible for any damage that the user may suffer due to unauthorized use of their user account or password for the mobile application.

PETROL is not responsible for any errors or damage resulting from the provision of incorrect data and/or other user actions, such as during registration or login to the mobile application.

PETROL may, at its discretion, discontinue providing the mobile application for business reasons and will notify users in a timely manner.

Due to technical or functional upgrades to the mobile application, PETROL reserves the right to release a new version of the mobile application. Users will be notified of the new version of the mobile application through the mobile application itself or through the store from which the application was downloaded. The update to the mobile application may also occur automatically on the user's smartphone or tablet, depending on the user's device settings.

11. Personal data

PETROL processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), as well as with national regulations on personal data protection.

11.1. Types of Personal Data, Basis, and Purpose of Processing

When using the mobile application, PETROL will process the following personal data of the user: name and surname, date of birth, phone number, email address, residential address, payment methods, data from the Petrol loyalty card, Petrol club payment card, or Petrol business payment card, purchase data, order data for issuing electronic invoices, user location, app log, device camera, and device ID.

PETROL will process this data for the following purposes:

  • Contacting the user to ensure the smooth use of goods, services, and digital content subject to these general terms and conditions,
  • Providing goods, services, and digital content subject to the general terms and conditions and concluding a contract with the user,
  • User registration,
  • Ensuring proper functioning of the mobile application, fixing errors, and assisting users,
  • Issuing electronic invoices,
  • Executing and reviewing payment transactions, addressing any discrepancies in payments, and detecting related abuse and violations of these general terms and conditions,
  • Scanning QR codes at petrol stations, coffee machines, and car washes,
  • Ensuring compliance with the PSD2 Payment Services Directive for user authentication by banks or other payment institutions.

To execute and review payment transactions, address any discrepancies, and detect abuse and violations, PETROL also processes certain transaction-related data, stored in tokens via tokenization, such as the last four digits of the used payment card and the card type. In exceptional cases, such as payment verification at the point of sale, PETROL may also process the IP address, device type, and brand.

For user account registration, the user must provide PETROL with the following personal data: email address, primary country of mobile app use, and mobile app password.

To offer benefits under the Petrol loyalty club and link customer data from the Petrol club payment card, PETROL processes the number of the Petrol club payment card, name and surname, date of birth, primary country of mobile app use, mobile phone number, gender, and residential address. When linking to the customer’s Petrol club loyalty card, PETROL processes the barcode number of the loyalty card, name and surname, primary country of mobile app use, address, mobile phone number, gender, and residential address.

For payments made with the Petrol business payment card, PETROL processes the following data: the cardholder's name or company tax number, card number, expiration date, PIN code, number of kilometers driven, trip order number, and driver card number, if required.

To link the user account with other customer data (all data related to existing contractual relationships such as electricity, natural gas, eShop orders, KOEL orders, LPG orders, and other personal data), PETROL processes the data based on the legal grounds for obtaining that information.

For purchases, PETROL processes data on purchased products, product prices, obtained and used benefits, payments, purchase location, date and time of purchase, QR code at the point of sale, product pickup time, order cancellation, and contract withdrawal.

To identify the user when purchasing age-restricted items, PETROL processes the number, issuer, and validity of the user's ID document.

PETROL will also process these data for other purposes if the user provides written consent or confirmation via the mobile app:

  • Profiling users to prepare personalized offers for goods, services, and digital content through email, SMS, MMS, phone, or traditional mail,
  • Direct marketing regarding offers, promotions, benefits, and new products or services,
  • Market research on product and service quality and additional customer needs,
  • Sending push notifications based on the settings within the app or the user's phone/tablet.

For smooth use of the mobile application, users must grant the app permission to process location data and camera access. The app requires location data to find the nearest PETROL stations, calculate arrival times for pickup, determine event locations, and process purchases, and the camera is needed to scan QR codes at petrol stations, coffee machines, and car washes. If the user does not grant permission for location processing, they will not be able to use these services.

For each purchase via the mobile app, PETROL processes data about purchased items or services, payments, used benefits, purchase time and location, payment methods, credits, collected points, and other benefits. If a user does not provide consent for this processing, PETROL processes the data anonymously or pseudonymously for purposes such as analyzing shopping habits, optimizing offers and costs, and increasing customer satisfaction.

If the personal data listed in section 11.1 changes, the user must notify PETROL of the change within 30 days of the change, either in writing to the user's primary location of application use:

  • PETROL, Slovenska energetska družba d.d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana, or
  • PETROL d.o.o., Savska Opatovina 36, ZAGREB, 10000.

PETROL handles personal data with great care and prevents unauthorized access. In some cases, PETROL must share personal data with external processors for specific tasks. These processors act on behalf of PETROL, following instructions and under supervision (e.g., distribution partners, advertising agencies, printers, software owners, IT solution providers, etc.). A detailed list of these processors is available on the website at https://www.petrol.si/gdpr/obdelovalci-podatkov. PETROL also shares user data with government bodies upon receiving a justified written request for specific proceedings and in cases requested by the user or based on their written authorization.

PETROL processes personal data until the purpose of the processing is fulfilled or within the statute of limitations for obligations arising from the processing of such data. In cases where the retention period is set by law, PETROL will retain personal data in accordance with the legal requirement. Personal data collected based on consents will be retained until the consent is withdrawn.

More information about PETROL's personal data processing can be found in the Privacy Policy of Petrol d.d., Ljubljana, published on http://www.petrol.si/gdpr/politika-zasebnosti or on https://www.petrol.hr/o-petrolu/politika-privatnosti, or available at PETROL's sales locations.

The user of the mobile application is obligated not to use it for illegal purposes or purposes contrary to these general terms and conditions. The mobile application must not be used in a way that could damage, disable, overload, or harm the mobile application, PETROL, or third parties and their property. In accordance with this obligation, the user specifically agrees to:

  • Follow all safety warnings provided by PETROL regarding the use of the mobile application at service stations;
  • Not use the mobile application on their smartphone or tablet outside their vehicle when refueling or purchasing fuels, as this could endanger fire safety at the service station. If the vehicle has a convertible roof, it must be completely closed when using the smartphone or tablet;
  • Ensure that all windows and doors of the vehicle are closed while using the mobile application at the service station until the purchase is completed.

All data, images, and other information within the mobile application are subject to PETROL’s copyrights, related rights, and industrial property rights as defined by relevant legislation. By downloading or registering in the mobile application, the user is granted a non-transferable and non-exclusive right to use the mobile application solely on their smartphone or tablet for non-commercial purposes. PETROL does not transfer other material copyrights or industrial property rights, nor does it grant the right to use PETROL trademarks, logos, or brand identity. The user is not allowed to copy, install the mobile application on servers, rent it, sublicense its use, modify, or interfere with the operation of the mobile application.

14. Complaints and Disputes

Users can submit complaints regarding the operation of the mobile application and purchases made through it at http://www.petrol.si/povej or podrska.kupcima@petrol.hr, or directly to sales staff at PETROL service stations. The complaint must include a precise description of the issue, and if the complaint relates to a purchase, a copy of the receipt should be provided. The complaint process is confidential.

PETROL and the user will attempt to resolve disputes amicably. If unsuccessful, the competent court in Ljubljana will handle disputes. For disputes regarding the use of the mobile application or purchases in Croatia, the competent court in Zagreb will have jurisdiction. PETROL does not recognize external consumer dispute resolution providers for settling disputes arising from these general terms.

The link to the online dispute resolution platform is available at:

15. Code of Conduct
16. Transitional and Final Provisions

If the user does not agree with the new, amended, or supplemented general terms, the use of the mobile application will be disabled or restricted. The user is advised to use their entire credit balance before the new terms take effect. After the effective date, usage of credit without confirmation of agreement with the new terms will not be possible. In such cases, users can request a refund of their balance in accordance with the relevant rules for the use of the Petrol Loyalty Card and Petrol Payment Card, as published on www.petrol.si and www.petrol.hr.

These general terms come into effect on the date of publication September 10, 2024.

In Ljubljana, on 10 September 2024. 

PETROL  d.d., Ljubljana 
 

Pomoć i savjetovanje

Pomoć i savjetovanje

Svjesni smo da je brz i izravan pristup željenim informacijama ključan. Ljubazni i stručni operateri rado će vam pomoći.

Poziv

Besplatan telefonski broj:

0800 10 55

Pozivi iz inozemstva:

+385 (1) 67 00 574

E-pošta

Opće informacije i podrška:

podrska.kupcima@petrol.hr

Petrol klub:

klub.hrvatska@petrol.hr

Poslovne kartice:

karticno@petrol.hr

Energetska rješenja za dom:

energetski.centar@petrol.hr

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