General Terms and Conditions of Use of the PETROL GO Mobile Application

1. Introductory provisions

With these General Terms of Use for the “PETROL GO” Mobile Application (hereinafter: the “General Terms”), PETROL, Slovenska energetska družba, d.d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana, registration no.: 5025796000, VAT ID No.: SI80267432, registered with the District Court in Ljubljana, nominal capital EUR 52,240,977.04 (hereinafter: “PETROL”), lays down the obligations, rights and terms of use for the “PETROL GO” Mobile Application (hereinafter: the “Mobile Application”). PETROL d.d., Ljubljana has the right to include other companies of the Petrol Group in providing the service.

These General Terms apply to any upgrades and/or new versions and/or any other changes to the Mobile Application.

If the Mobile Application User wishes to use a physical or virtual Petrol Club Loyalty Card or a physical Petrol Club Loyalty Payment Card (hereinafter jointly: “PETROL Club Cards”) or a Silver or Grey Business Card (hereinafter: “Petrol Business Payment Card”), they must be the holder of one of these cards or a user of a Petrol Business Payment Card. The terms governing the use of the Petrol Club Loyalty Payment Card, the Petrol Club Loyalty Card or the Petrol Business Payment Card are governed by the respective General Terms of Use for the Petrol Club Cards. The General Terms of Use for the Petrol Club Loyalty Card, the General Terms of Use for the Petrol Club Loyalty Payment Card and the General Terms of Use for the Petrol Business Payment Card are available at www.petrol.si and are to be taken together with these General Terms, and these General Terms supplement the General Terms of the Petrol Club Cards.

These General Terms of Use for the PETROL GO Mobile Application are published on the websites www.petrol.si and www.petrol.hr.

2. Definitions

The individual terms used in these General Terms have the following meanings:

Mobile Application Users may be individuals who have reached 15 years of age, or 18 years of age (the age limit of 18 years applies to users in Croatia) and who have partial or full legal capacity and who obtain or use goods, services or digital content through the Mobile Application for purposes outside their professional or gainful activity (i.e. Consumers) and legal or natural persons who obtain or use goods, services or digital content through the Mobile Application for the purposes of their professional or gainful activity (i.e. non-Consumers), provided that certain rights set out in these General Terms of Use shall only apply to Mobile Application Users who are Consumers, as expressly defined in these General Terms of Use.

Consumer or Consumer User 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 gainful activity.

Smartphone or Tablet, for the purposes of these General Terms, means a device that allows the installation and operation of advanced applications not normally supported by conventional phones. Smartphones or tablets provide more advanced internet access, multitasking, connectivity and the ability to use advanced features.

The Mobile Application allows 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 the PETROL range remotely. The range of goods, services and digital content that can be paid for or purchased through the Mobile Application is displayed in the Mobile Application. PETROL is the provider and holder of rights on the Mobile Application.

Registration means only the first entry in the database, where the User enters the required information, gives consent to the General Terms and confirms familiarity with their contents. This creates their “'Moj Petrol User Account” (hereinafter: the “User Account”).

Logging in means that all the necessary information is already entered into the database, that the User’s email address is already confirmed in the database (activated) and that the User Account has already been created. For each further insight into the transactions, only an email address and password need to be entered into the Application, and the User can subsequently change the password if so desired.

“MOJ PETROL” Portal is an online portal that provides Users with an overview of financial and card transactions and other benefits of PETROL. The General Terms of Use for the “MOJ PETROL” Portal and the Mobile Application, governing the use of the “Moj Petrol” Account, are available on the following website: www.petrol.si (This applies only to users in Slovenia).

Associating Business Operations is the process of associating a User Account with the customer information.

Customer Data is all data related to the contractual relationship of the customer with PETROL (electricity, natural gas, Petrol Club Loyalty Card, Petrol Club Loyalty Payment Card, eShop orders, KOEL orders, LPG orders and other personal data of the customer).

Petrol Club Member is a natural person who is a holder of a valid Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card and who is thus able to collect and redeem Golden Points and receive other benefits, and to deposit and obtain credit in their Petrol Club Account in accordance with the relevant General Terms of Use for the Petrol Club Cards.

Petrol Club Account represents information about the Petrol Club Member on which all benefits acquired and the credit of the Petrol Club Member are credited.

Credit is money deposited or received by the holder of a Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card as a benefit from the issuer on a Petrol Club Loyalty Card or a Petrol Club Loyalty Payment Card and used for payment at the points of sale of the issuer, as stipulated in the General Terms of Use for the Petrol Club Loyalty Card and the General Terms of Use for the Petrol Club Loyalty Payment Card.

Petrol Business Payment Card, which also includes a Silver Business Card and a Grey Business Card, is a payment instrument used by users of these cards to purchase goods, services and digital content through cashless transactions at authorised points of sale. The Card is the property of the Issuer.

Silver Business Card is a type of Petrol Business Payment Card intended for companies to pay for fuel and the full range of goods, services and digital content at Petrol’s points of sale. It is issued in the name of the customer, i.e. a legal or natural person who carries out an economic activity and has a contract with the issuer for the use of Petrol Business Payment Cards, or in the name and surname of a User who is a person authorised by the customer to use this Business Payment Card. It is used as a payment method in the “PETROL GO” Mobile Application, whereby the payment for services is determined by the terms of the card.

Grey Business Card is a type of Petrol Business Payment Card intended for companies primarily to pay for fuel at Petrol points of sale and for payment for other goods and services as applicable to the selected type of Grey Business Card. It is issued to the registration number of the customer’s vehicle or some other designation at the choice of the customer, who carries out an economic activity and has a contract with the issuer for the use of Petrol Business Payment Cards. It is used as a payment method in the Mobile Application, whereby the payment for services is determined by the terms of the card.

Online or Mobile Store is a digital application distribution method designed to provide or install software applications for Users and to allow mobile applications to be downloaded to smartphones.

Mobile Application Password allows Mobile Application login and is defined by the User but can be replaced by biometric login (depending on the User’s settings).

Tokenisation (in e-commerce) – conversion or encryption of sensitive data into a secure token form. In the Mobile Application, this technical process is performed for the purpose of encrypting the information of some of the available payment methods.

User Account is a term defined in this Article 2 in the definition of the term Registration.

The Payment Gateway means the ability with the most common credit and 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 provision of payment services. It is an open mobile payment platform based on a mobile

wallet. The electronic money stored in the mBills Mobile Wallet is issued by MBILLS d.o.o. Any change in the name (brand) of mBills shall not affect the validity of these General Terms, and references in these General Terms to mBills shall apply mutatis mutandis to any application with a new name that replaces mBills (This applies only to users in Slovenia).

A QR Code is an optically machine-readable representation of data relating to the object to which it is bound. It can be a matrix or a two-dimensional barcode (such as a QR code, EAN code or other unique identifier) used by PETROL to label goods, services and digital content at the points of sale that can be purchased through the Mobile Application.

Order and pickup is a functionality in the Mobile Application that displays the range of products that are in stock at selected PETROL points of sale and that are available for pre-order with the Mobile Application and quick pickup at the selected Petrol point of sale. Among the product categories, FRESH freshly prepared food is also available.

FRESH stands for freshly prepared food and beverages, displayed in the Order and pickup section of the Mobile Application.

Events category is an additional category within the Order and pickup functionality, which displays the products that are on offer at an individual event or public event, at which PETROL, in agreement with the organiser of the event or public event, is present as a food and drinks provider (hereinafter: “Events”) and that can therefore be pre-ordered within the framework of an individual Event using the Mobile Application and collected at an authorised PETROL point of sale located at the location of an individual Event.

Shop online is a functionality in the Mobile Application that presents a range of products that the User can purchase in the PETROL eShop or on the Petrol Ticket website or other PETROL websites.

3. Technical requirements

Mobile Application download

The User may download the Mobile Application, depending on the existing smartphone or tablet and availability through online or mobile app stores, in the manner and under the conditions specified for the selected online mobile store:

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

The use of the Mobile Application is free of charge for the User, but the User is obliged to pay for the transfer of data, which is charged by the selected mobile operator according to the valid price list. The download and use of applications are possible abroad with a corresponding network (roaming), but the transfer and use of data abroad incur data transfer costs according to the valid price list of the selected operator for data transfer abroad.

To download and use the Mobile Application, PETROL recommends the use of a 5G or LTE network or a fixed electronic communications network. In 3G and 2.75G (Edge), downloading and using the Application is possible, but the Mobile Application takes longer to download and works slower.

The Mobile Application runs on the OS (Apple) or Android (Google) operating systems. The Mobile Application only works on Huawei devices that still support Google services. Because of the technical limitations of earlier versions of operating systems, certain applications are unavailable, functionalities malfunction or are impossible. PETROL reserves the right not to guarantee the full compatibility of the Mobile Application with all operating system versions. Despite efforts to be compatible with a wide range of operating systems, Mobile Application Users may encounter problems if they use versions that are older than two (2) major versions back from the latest version.

4. Registration, logging in and cancellation

By registering and logging into the Mobile Application, the User can access the functionality of the Mobile Application, as further specified in Chapter 6. Use of the Mobile Application” of these General Terms. To log into the Mobile Application, the User needs a User Account, which is created during the registration process by entering the basic information required there (email, country and password).

By ticking the appropriate box when registering in the Mobile Application, the user confirms that they have carefully read the current general terms and conditions, agree with them, and fully accept them, thereby confirming that they have reached the age of 15, or 18 years (for users in Croatia), and meet other terms of use of the mobile application established by these General Terms and Conditions.

Logged-in Users can create a new Petrol Club Loyalty Card in the Mobile Application and thus enable additional functionalities that are only available to Petrol Club Card holders. To create a Petrol Club Loyalty Card, the User must provide the following information: name, surname, country, address, date of birth, mobile phone number and gender. This is followed by a validation of the entered telephone number. To successfully create a new Petrol Club Loyalty Card, the User must also agree to the General Terms of Use for the Petrol Club Loyalty Card, published on the website www.petrol.si and www.petrol.hr.

If the User already holds a Petrol Loyalty Club Card or a Petrol Club Loyalty Payment Card, they may be linked to the User Account.

By connecting their Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card with the Mobile Application User Account, the User gets access to information recorded on their Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card (number of Golden Points collected, benefits obtained, deposited credit, limit, etc.) To connect an existing Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card with a User Account, the User enters the following information in the appropriate tab in the Mobile Application: name, surname and address. If the entered data matches the data that PETROL already has about the cardholder, the next step is to enter the card number or scan the card code, which connects the existing Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card to the Mobile Application.

By successfully registering and logging into the Mobile Application and accepting these General Terms of Use, the User gets the opportunity to view paid receipts for purchases made via the Mobile Application, by connecting their Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card or newly issued virtual Petrol Club Loyalty Cards, as well as an overview of the benefits obtained, the deposited credit and the limit of their Petrol Club Loyalty Payment Card. The required information is strictly necessary for further registration and communication when conducting business operations with a registered User, as well as for other types of processing in accordance with the purpose and legal basis. If the User does not wish to provide any of the required information during the User Account registration process, they will not be able to successfully complete the registration process and, as a result, will not be able to create a User Account and use the Mobile Application.

4.1 Cancellation of registration or the disposal of a phone/computer

In case of loss or theft of the user's phone or a desire to delete the user account, the user can submit a request for account deletion within the mobile application. Account deletion can also be performed by calling the toll-free number 080 22 66 or by sending a written notice to the address PETROL d.d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana, marked "Cancellation of registration" or PETROL d.o.o., Savska Opatovina 36, ZAGREB, 10000 marked "revocation", or by sending an email to dpo@petrol.si, marked "Cancellation of registration" or zop@petrol.hr marked "Cancellation of registration". After the final confirmation of account deletion, the user account and associated personal data will be deleted. It is not possible to cancel the deletion of the user account; instead, the user can only create, i.e., register a new user account in accordance with these General Terms and Conditions.

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 General Terms applicable at the moment of confirmation of the purchase/placing an order. Prices of energy products, goods, services and digital content are displayed at the PETROL points of sale and in the Mobile Application. Prices are quoted in the currency valid in the country where the User is located and where the use of the Mobile Application is available and already includes value-added tax, unless expressly stated otherwise. After the confirmation of the purchase, the User can no longer withdraw from the purchase, unless otherwise specified for each type of goods, services and digital content in these General Terms.

When purchasing goods, services and digital content using the Mobile Application, the prices valid at the time of placing the order or the prices valid at the time the order was received by the PETROL Information System shall apply. PETROL reserves the right to change the prices of goods, services and digital content on a daily or inter-daily basis, without prior notice to Users.

If PETROL implicitly or explicitly makes the purchase of goods, the provision of services or the supply of digital content conditional upon partial or full prepayment and delivers the goods, provides the services or supplies the digital content after the receipt of the prepayment, PETROL calculates and pays to the Consumer, upon the delivery of the goods, the provision of the services or the supply of the digital content, interest on the prepaid amount at the interest rate of the following reference bank: NOVA LJUBLJANSKA BANKA d.d., Ljubljana (reference bank for Slovenia). Notwithstanding the above, PETROL is not obliged to pay interest to the Consumer on a prepayment received if the prepayment is made less than three business days before the day on which the supply is made or the performance of the service or the supply of the digital content commences. PETROL shall be deemed to have fulfilled its obligation to pay interest on a prepayment received if it reduces the regular price of the goods or services or digital content and if such reduction is greater than or equal to the amount of interest accrued.

PETROL must issue a receipt for the supply of goods or services and hand it over to the User.

PETROL issues a receipt upon receipt of the purchase price. In the event of prepayment, a PDF receipt is generated in the Mobile Application.

Vklopi razum, zahtevaj račun!

5.1 Payment process with supported payment method

In the purchase process with the Mobile Application, the User is offered the payment method that the User has set as default. The User can also replace the default payment method with any other payment method available in the Mobile Application. The User may add/remove payment methods in the Mobile Application in the manner defined in Article 5.2 of these General Terms.

The User makes a purchase by selecting a payment method, and, by pressing the CONFIRM PAYMENT METHOD button, confirms the order for the goods, services or digital content with an obligation to pay, by which the sales contract between PETROL and the User is deemed to be concluded. In the order CONFIRMATION step, the User can terminate the purchase and conclusion of the contract by not confirming the payment.

After the confirmation of the purchase, the User can no longer withdraw from the purchase, unless otherwise specified for each type of goods, services and digital content in these General Terms.

The limitation of the amount of a one-time purchase or payment is tied to the approved limit, as determined by the issuer of the payment instrument, in agreement with the User. If the limit of the selected payment method has been exceeded, payment with the Mobile Application is not possible.

The User is bound by the General Terms in force at the moment of confirmation of the purchase/placing an order using the Mobile Application.

5.2 The process of adding and deleting a supported payment method

The User may edit, add or remove payment methods defined in Article 5.3 of these General Terms in the Mobile Application menu.

Payment or credit cards issued by banks are added to the application by entering the basic payment card information required for payment (card number, card name, card validity and CVV or CVC number). For the purpose of verifying the validity of the card, PETROL will pre-authorise the User's payment or credit card. To add a payment or credit card, the User will be directed to their bank’s secure payment card connection channel (the mobile application of the bank to confirm payments). To increase data security, the application will verify the User by requiring the User to enter the password used to log in to the application, which can be replaced by biometric data if the User has activated it. In case of the successful completion of the card connection process, the card is saved in the form of a token by way of tokenisation in the backend payment system. Tokenisation is mandatory if the User wants to pay for goods/services in the Mobile Application using payment cards.

Based on the token generated with the tokenisation, the Mobile Application can make subsequent payments without re-entering all the all payment or credit card information by the User and obtain basic limited card information to display data in the Application for the purpose of the transparency of payment method choice. The token thus generated is unusable outside the environment of the backend payment system of the Mobile Application. All information about the User’s payment or credit card and the transaction itself is stored securely on the selected payment gateway system, and PETROL does not have access to the specified information. When a User enters the payment card information specified in Article 5.3.4 in the Mobile Application, the security of the data (payment card number, security code, expiry date, etc.) is assumed by the payment gateway, as this is provided by the Drop-in Payment UI or Hosted Fields technology that securely transmits all this information through an iframe system.

When adding credit and payment cards as a payment method in the Mobile Application, all steps are taken on the payment gateway page, meaning that PETROL has no contact with the credit card information and the transaction associated with it. Subsequent payments with the credit card are made through the Tokenisation system, as explained above, in accordance with these General Terms.

Payments made with the mBills mobile wallet are also linked to the application and the mobile wallet via tokenisation. The User can delete the mBills mobile wallet connection in the mBills mobile application.

Depending on the User’s agreement with the issuer of the payment method, in some cases Tokenisation may not require payment confirmation or entering a security password when using the tokenised payment method, which is why PETROL recommends that Users securely protect phones and tablets that are running the Mobile Application. In the profile, the User may edit and add the Petrol Business Payment Cards as mentioned in Article 5.3.2 by entering the basic payment card information required for payment (card number, card validity, cardholder’s first and last name (type I and J) or company tax number (type P, R, A, V, D and O) and the PIN of the card).

In order to successfully add Petrol Business Payment Cards of the types P, R, A, V, D and O, prior authorisation is required by the card administrator of the company where the cardholder is employed. Authorisations for Petrol Business Payment Cards of types P, R, A, V, D and O are processed on the B2B portal in the “Business Card” application, in the “PETROL GO” Authorisations tab. Here, the administrator enters the email address (username) that the employee uses to log in to the “PETROL GO” application. In this way, the administrator authorises the use of the Petrol Business Payment Card in the “PETROL GO” application for an individual employee.

The User can delete payment cards saved in the application at any time. This option is available in the list of payment methods; by selecting the settings of the saved card, the option “Remove card” appears.

5.3 Supported payment methods

Below are the payment methods that can be used to make a purchase through the Mobile Application and their description.

5.3.1. PETROL Club Cards

By holding a Petrol Loyalty Club Card or a Petrol Club Loyalty Payment Card, the User becomes a Petrol Club Member and thus a Petrol Club Account Holder with an account that can be linked to the Mobile Application. In this way, the User gets the opportunity to obtain the benefits from the Petrol Club’s membership that are available to Petrol Club Members defined in the General Terms of Use for the Petrol Club Loyalty Card and the General Terms of Use for the Petrol Club Loyalty Payment Card.

5.3.1.1. Petrol Club Loyalty Card

A valid Petrol Club Loyalty Card may be selected by the User for payment, provided that the User has a corresponding amount of credit in their Petrol Club Loyalty Card or associated Petrol Club Account, which must be greater than or equal to the value of the goods, services and digital content ordered.

The credit can be deposited into the User’s Petrol Club Loyalty Card by payment at the issuer’s physical point of sale.

The User may deposit credit into their Petrol Club Loyalty Card by selecting CARD on the Petrol Club Card display on the landing page of the Mobile Application, which opens a screen showing the EAN bar code of their Petrol Club Loyalty Card and the associated Petrol Club Account. The User shows the EAN barcode of the Petrol Club Loyalty Card to the shop assistant at a PETROL point of sale, who scans it and the User is credited with the amount of money received. The maximum amount of credit deposited on the Petrol Club Loyalty Card, as well as all other rights and obligations of the User in relation to the credit, are specified in the General Terms of Use for the Petrol Club Loyalty Card.

It is not possible for the User to withdraw the deposited credit (e.g. to a current account, in cash). The use of credit is only possible within the framework of the purchase of goods, services and digital content at the PETROL points of sale or for certain goods, services and digital content from the PETROL range with the Mobile Application remotely.

5.3.1.2. Petrol Club Loyalty Payment Card

A valid Petrol Club Loyalty Payment Card may be selected by the User to purchase goods, services and digital content according to the available limit set between the User and PETROL, which must be greater than or equal to the value of the goods, services and digital content in each order to successfully complete the transaction.

The User can make purchases of up to EUR 25.00 (including VAT) with the Petrol Club Loyalty Payment Card without entering a security password (PIN code) and above this amount solely on the basis of entering the correct security password (PIN code). To pay for fuel, entering the correct security password (PIN code) is always required, regardless of the amount of fuel purchased.

The entry of the correct security password (PIN code) can be replaced by identification using biometric methods, in which case Petrol shall comply with the rules on the protection of personal data.

If the User uses credit on their Petrol Club Account associated with their Petrol Club Loyalty Payment Card and the Mobile Application for the purchase of goods, services and digital content, the provisions of Article 5.3.1.1 of these General Terms and the relevant provisions of the General Terms of Use for the Petrol Club Loyalty Card shall apply for depositing the credit, its use and related limitations.

5.3.1.3. Purchasing goods, services and digital content directly at the point of sale using the EAN code

A User who has a Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card linked to the Mobile Application can purchase any of the goods, services and digital content at the checkout counter of the PETROL points of sale as follows:

The User selects the word CARD from the Petrol Club Card display on the landing page of the Mobile Application. At the top of the screen, an EAN code is displayed in the Mobile Application, which the User shows to the sales staff at the PETROL point of sale. The sales staff scans the EAN code using a device. After the EAN code of the Petrol Club Loyalty Card has been scanned, the User receives a hard copy receipt from the sales staff. After the
EAN code of the Petrol Club Loyalty Payment Card has been scanned, the User enters a security password (PIN code) in the POS terminal, thus confirming the purchase. The User then receives a hard copy receipt from the sales staff.

5.3.2. Petrol Business Payment Cards

A User with a Petrol Business Payment Card added to the Mobile Application may purchase goods, services and digital content as specified in the General Terms of Use for the Petrol Business Payment Card, available on the website www.petrol.si and www.petrol.hr. For payments with the Petrol Business Payment Card, the User does not receive benefits that belong to natural users as holders of Petrol club cards.

Users who use the application for both private and business purposes must be careful to select and confirm the payment with the correct payment method before confirming the purchase, as subsequent changes to the payment method are not possible after the payment has been made.

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

A valid Petrol Silver Business Card may be selected by the User to purchase goods, services and digital content according to the available limit set between the User and PETROL, which must be greater than or equal to the value of the goods, services and digital content in each order to successfully complete the transaction.

The entry of the correct security password (PIN code) can be replaced by identification using biometric methods, in which case Petrol shall comply with the rules on the protection of personal data.

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

A valid Petrol Grey Business Card may be selected by the User to purchase goods, services and digital content according to the available limit set between the User and PETROL, which must be greater than or equal to the value of the goods, services and digital content in each order to successfully complete the transaction.

The User can only use the Petrol Grey Business Payment Card to pay for fuel and entering the correct security password (PIN code) is always required, regardless of the amount of fuel purchased.

The entry of the correct security password (PIN code) can be replaced by identification using biometric methods, in which case Petrol shall comply with the rules on the protection of personal data.

5.3.3. mBills

The electronic money stored in the mBills Mobile Wallet can be selected by the User to pay for goods, services and digital content in the Mobile Application, which must be greater than or equal to the value of the goods, services and digital content ordered for the transaction to be successful. For a successful payment, the application will verify the User by requiring the User to enter the password used to log in to the application, which can be replaced by biometric data if the User has activated it.

5.3.4. Other payment methods or cards

The following payment cards can be added to the Mobile Application as a payment method:

MasterCard,
MasterCard Debit,
VISA,
VISA Debit,
VISA Electron,
and any other cards displayed in the Mobile Application and on www.petrol.si.

The payment card must have online shopping enabled, whereby this functionality depends on the agreement between the payment card issuer and the User. Limits, usage and payment by credit card are exclusively subject to the agreement between the card issuer and the User.

5.4 Transaction security using payment cards

PETROL provides all the necessary technological and organisational solutions for complete transaction security. The transfer of personal and other transaction data on the website is performed in a secure manner, using the Secure Sockets Layer (SSL) protocol. The data is encoded and transmitted to the PETROL server in a secure format. The system thus prevents anyone from intercepting the personal and other transactional data of the User that they send to the online store/Mobile Application. Secure authorisations and payment card and credit card transactions and brokerage services are provided by a selected payment service provider, in accordance with its terms of business and 3D secure 2.0 protocol or other method of strong customer authentication specified by the issuer of the payment instrument, with the exception of Petrol Club Loyalty Payment Cards and Petrol Business Payment Cards, where the security of the authorisation and transactions and brokerage services is provided by PETROL. Card authorisations are carried out in real-time with the immediate verification of data in the banking system. Transaction security is ensured in compliance with all the applicable legal obligations and recommendations of the Slovenian and International Consumer Federation.

5.5 PETROL’s obligations if a purchase via the Mobile Application is conditional on a prepayment

6. Using the Mobile Application

6.1 Unregistered Users and Users who are not logged in

A User who is unregistered or not logged in cannot use the Mobile Application, as registration or login with an existing “Moj Petrol” account is required to use the Mobile Application. However, such users may report a malfunction in the Mobile Application.

6.2 Registered and logged in Users

A registered and logged-in User has the following (limited) functionality of the Mobile Application available:

Possibility of editing the user account, data, password and consents and submitting a request to delete the User Account and associated personal data;
Connecting an existing Petrol Club Loyalty Card, Petrol Club Loyalty Payment Card;
Joining the Petrol Club and creating a new Petrol Club Loyalty Card;
Adding a payment method (Visa, Mastercard, Petrol Business Payment Cards etc.);
Insight into the history of payments made for the past 2 years; option to activate a taxation account;
Application settings;
Instructions for using the Mobile Application;
Sharing a link to install the “PETROL GO” Mobile Application;
Access to the General Terms and Conditions of the Mobile Application;
Displaying PETROL points of sale and their details on the map (opening times, contact information, fuel prices, navigation option);
Displaying products in the Order and pickup, Shop online, Concerts and events, ...;
Displaying the digital Petrol Club catalogue;
Reporting errors in the operation of the Mobile Application;
Paying using the Mobile Application.

6.3 Logged-in Users who are also members of the Petrol Club and have the Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card linked to the Mobile Application

As members of the Petrol Club who have connected their existing Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card to the Mobile Application or created a new Petrol Club Card in the Mobile Application, Users have the following functionalities in the Mobile Application, in addition to the functionalities listed in Article 6.2 above, that enable:

An overview of the benefits that are credited to their Petrol Club Account;
Display of the number of Golden Points collected on their Petrol Club Account;
Display of the barcode of their PETROL Club Card;
Display of the credit on their Petrol Club Account;
Display of their spending limit with the Petrol Club Loyalty Payment Card;
Display of the collected benefits received or collected as a member of the Petrol Club;
The option to take advantage of discounts, promotions and benefits applicable to the holder of an individual Petrol Club Card in accordance with the General Terms of Use for the Petrol Club Loyalty Card and General Terms of Use for the Petrol Club Loyalty Payment Card or current Petrol Club promotions published on the website www.petrol.si and www.petrol.hr.
Upon payment with the Mobile Application, receipt of Golden Points and other benefits to which they are entitled as a holder of an individual Petrol Club Card in accordance with the General Terms of Use for the Petrol Club Loyalty Card and General Terms of Use for the Petrol Club Loyalty Payment Card or current Petrol Club promotions published on the website www.petrol.si and www.petrol.hr.

6.4 Purchase and payment via the Mobile Application

Before the User starts using the Mobile Application, the User registers and logs in, and saves one of the payment methods that they will use to make payments in the application.

6.4.1. Purchase of and payment for energy products via the Mobile Application (available in Slovenia and Croatia)

The user can make a purchase of fuels using the mobile application according to the following procedure:

Upon arrival at the PETROL sales point, the user specifies their exact location by pressing the "Scan and Pay" button with the QR code on the red screen of the application, scans the label of the PETROL sales point where the purchase with the mobile application is possible.
Determining and confirming the pump location is possible by scanning the code at the pump location or manually entering the code of the PETROL pump location into the mobile application. PETROL will appropriately mark the fuel dispensing/sales points where purchases can be made using the mobile application (e.g., with a QR code, EAN code, or other unique identification mark that can be captured by the mobile application and/or manually entered into the mobile application).
In the next step, the user of the mobile application will confirm the offered location and pump number.
The user will then select the method of payment and confirm the use of the selected payment method or credit, and enter the corresponding security password (PIN code), or confirm the purchase by pressing the CONFIRM button. By entering and confirming the security password (PIN code) or by pressing the CONFIRM button with the obligation to pay, a 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 interrupt the contract conclusion process and/or modify the order. For successful payment, the application will verify the user by requiring the entry of the password used by the user to log in to the application, which can be replaced by biometric data if activated by the user.
In the case of purchasing fuels, the user explicitly agrees that PETROL has the right, from the payment method confirmation stage to the entry of the security password (PIN code) or pressing the CONFIRM button, to check the user's personal spending limit of the selected payment method and inform the user before fuel dispensing begins whether the spending limit of the selected payment method has been exceeded.
After confirming the payment, the user leaves the phone in the car and proceeds with the fueling process.
In case the spending limit of the selected payment method is exceeded, the user of the mobile application will not be able to use it for fuel payment at the given moment at the PETROL sales point. The limitation of the amount of a single purchase or payment is tied to the approved usage limit of each user, as determined by the issuer of the payment method in agreement with the user. If the spending limit has not been reached, the user will be able to settle the amount using the mobile application only up to the limit of the selected payment method. In this step, in certain cases, depending on the settings of the payment method issuer, the user may need to confirm the transaction additionally via the issuer's mobile application. If the user does not complete the payment confirmation at the request of the payment method issuer or if there are insufficient funds on the card, the user will be prompted to pay for the fuel at the PETROL sales point cashier.

5. In the next step, the User is notified of the quantity of fuel, i.e. the selected energy product received, as well as the price that is visible to the User before the conclusion of the contract at the filling station or generator itself, as well as the exact associated purchase price. The User is acquainted with the given information, confirms this if necessary, and after the purchase has been made, receives an electronic receipt from PETROL. The receipt is visible in the “Payment History” profile of the Mobile Application. Before leaving the PETROL point of sale, the User must check the success of the payment.
If the User, for any reason, drives away from the point of sale after the conclusion of the contract and before the completion of the purchase process, PETROL shall charge the User for the unpaid amount or initiate enforcement proceedings and other legal proceedings to safeguard its rights and legal position. For energy products, PETROL may also set a quantitative limit for each purchase for fire safety reasons.

6.4.2. Purchase of and payment for Coffee to Go (available in Slovenia and Croatia)

The User can purchase Coffee to Go as follows:

On the red screen, the User presses the Scan and pay button with the QR code.
Scans the QR code on the top edge of the machine, or manually enters the number below the QR code.
Select the desired beverage in the Mobile Application.
The next step is to select the price of the beverage or to take advantage of the benefits applicable to the holder of an individual Petrol Club Card in accordance with the General Terms of Use for the Petrol Club Loyalty Card and General Terms of Use for the Petrol Club Loyalty Payment Card or current Petrol Club promotions published on the website www.petrol.si and www.petrol.hr.
The User selects a payment method and confirms the use of the payment method or credit. In this step, in certain cases, depending on the settings of the issuer of the payment instrument, the User will have to further confirm the transaction via the mobile application of the issuer of the payment instrument. For a successful payment, the application will verify the User by requiring the User to enter the password used to log in to the application, which can be replaced by biometric data if the User has activated it.
Confirms the dispensing of the beverage by pressing the “Fill” button in the Mobile Application, both with an obligation to pay, by which the sales contract between PETROL and the User is deemed to be concluded. In the step before pressing the “Fill” button in the Mobile Application or selecting the beverage on the coffee machine, the User can cancel the contracting process by pressing the corresponding button in the Mobile Application.
In the next step, the User will receive a receipt in electronic format from PETROL. The receipt is visible in the “Payment History” menu of the Mobile Application.

>6.4.3. Purchase and pay for a car wash and add-ons (available in Slovenia)

The User can purchase a car wash as follows:

On the red screen, the User presses the Scan and pay button with the QR code.
Confirms their location as determined by the Mobile Application using the built-in GPS device and scans the QR code, or manually enters the car wash number below the associated QR code.
Selects the type of wash and the price (full or discounted, which may be applicable to a holder of an individual Petrol Club Card in accordance with the General Terms of Use for the Petrol Club Loyalty Card and General Terms of Use for the Petrol Club Loyalty Payment Card or current Petrol Club promotions published on the website www.petrol.si).
Petrol may offer the User the option to purchase vacuum tokens and any additional products on offer.
The User selects a payment method and confirms the use of the selected payment method or credit and confirms the purchase by pressing the CONFIRM button with the obligation to pay. By pressing the CONFIRM button with the obligation to pay, the sales contract between PETROL and the User is deemed to be concluded. In this step, in certain cases, depending on the settings of the issuer of the payment instrument, the User will have to further confirm the transaction via the website or mobile application of the issuer of the payment instrument. For a successful payment, the application will verify the User by requiring the User to enter the password used to log in to the application, which can be replaced by biometric data if the User has activated it. Before pressing the CONFIRM button and entering the password, the User can cancel the contracting process or change the order.
The Mobile Application generates a 6-digit code and displays it on the screen of the Mobile Application, along with the number of vacuum tokens and an indication of the add-ons, if any, that the User has purchased.
The code and the number of add-ons purchased are displayed to the car wash operator.
Immediately after confirming the purchase of one of the selected washes or add-ons, the User receives an electronic receipt from PETROL for the purchase. The receipt is visible in the “Payment History” menu of the Mobile Application.
The car wash coupon is valid for 24 hours, counted from the time of the purchase or invoice.

6.4.4. Shop with PETROL GO

In the “Shop” section, the User can browse and order products from the “Order and pickup” section, check the online shopping range on the Petrol eShop or any other websites, current events and services. In the case of online purchases, the User is redirected to websites that are not part of the PETROL GO application. The purchase process starts and ends on these websites, unlinked to the PETROL GO application.

6.4.5. Purchase of food and beverages and other goods and digital content from the “Order and pickup” section (hereinafter referred to as “Order and pickup” - available in Slovenia and Croatia)

The User may purchase FRESH freshly prepared food and beverages and Hip Shop products displayed in the Mobile Application in the “Order and pickup” section as follows:

On the red screen of the application, the User selects the shopping cart icon to enter the “Order and pickup” section.
The User selects the desired location of the point of sale available for “Order and pickup” where the User intends to collect the ordered products on the map.
When a GPS location is available, the closest point of sale with “Order and pickup”, which the User can manually change, is automatically selected.
If the User selects the location of an individual event (e.g. Stožice, Planica, etc.) within the “Order and pickup” section, the Events Category is displayed, within which, in the Mobile Application, the User can view the range of products that are available at the selected Event and that the User can therefore add to their cart. The User can only collect the ordered products at an authorised PETROL point of sale at the Event.
In the Mobile Application, the User scans the set of products and adds the desired products to the cart and can also adjust the quantity or unit of measure of the selected products. If more than one price is available for a particular product, these will be displayed, but the User will only be able to select the price of the product or the benefits to be availed of, depending on the options applicable to the holder of an individual Petrol Club Card in accordance with the General Terms of Use for the Petrol Club Loyalty Card and the General Terms of Use for the Petrol Club Loyalty Payment Card or current Petrol Club promotions published on the website www.petrol.si and /.
When describing a particular product, PETROL provides the main characteristics of the product to the extent appropriate to the data carrier, as well as information on any allergens contained in the product and other legally required notices.
When purchasing food that allows variations and ingredients, the User may, by selecting/deselecting, provide information on the desired ingredients in the food/beverage and selected additives from the additive group, if offered in the display of each item of food/beverage.
The User presses the “Shopping Cart” button to review and make any corrections to the selected products. The User confirms the selection of products in the cart by pressing the CONTINUE TO PICKUP button.
If the cart contains products for the purchase of which, in accordance with the applicable legislation, there are age restrictions and/or other legal requirements for the purchase of these products, especially if it concerns the purchase of alcoholic beverages, as more precisely defined in Article 6.6 of these General Terms, the User will be asked to confirm that they meet the age limit and other legal requirements for the purchase of such products by checking the appropriate checkbox before confirming and submitting the order in the Mobile Application. If there are products on the card for which, in accordance with the applicable legislation, there are time limitations for their sale or purchase, the User will be informed when or until when, in accordance with the applicable legislation, the User can collect an individual type of product at the selected point of sale or until what time or after what time the collection of these products at the selected point of sale will no longer be possible, as is more precisely defined regarding alcoholic beverages in Article 6.6 of these General Terms. Ordering and purchasing such products, especially alcoholic beverages, is not permitted after the legal time frames for their purchase have expired, nor is it possible to collect them at the selected Petrol point of sale. The provisions regarding time restrictions apply only to the purchase of products in Slovenia.
The next step is to select the pickup method, set the pickup time and location, confirm the order by pressing the CONFIRM ORDER button and confirm the payment method by pressing the CONFIRM PAYMENT METHOD button.
By pressing the CONFIRM PAYMENT METHOD button with the obligation to pay, the sales contract between PETROL and the User is deemed to be concluded. In this step, in certain cases, depending on the settings of the issuer of the payment instrument, the User will have to further confirm the transaction via the website or mobile application of the issuer of the payment instrument. Before entering the PIN code or pressing the CONFIRM PAYMENT METHOD button, the User can cancel the contracting process or change the order. For a successful payment, the application will verify the User by requiring the User to enter the password used to log in to the application, which can be replaced by biometric data if the User has activated it.
Once the contract is concluded, it is no longer possible to change the content of the order, as the payment transaction of the funds on the selected payment method has already been completed. The User can change the collection time or can withdraw from the order of the product or the contract up to a maximum of 60 minutes before the scheduled collection time. Change of the collection time or withdrawal from the order or contract can be performed by calling the selected point of sale, which confirms the change of the order or withdrawal from the order or contract to the User.
Upon confirmation of the order, the Mobile Application generates an 8-digit code and displays it with a QR code, which is used to collect the ordered products at a specific point of sale.
The User receives a confirmation and an 8-digit code or a refusal of purchase via a notification or SMS from the PETROL point of sale.
In the event of a refusal of the purchase by PETROL, the latter shall reimburse the full value of the purchase and any other transaction costs to the User, using the same payment method used by the User for payment.

Upon collection, the User is issued an electronic receipt for the purchased products. The receipt is visible in the “Payment History” profile of the Mobile Application. If the User, for any reason, does not collect the ordered product after the conclusion of the contract and before the completion of the purchase (collection of the product(s)), PETROL will charge the User for the full value of the ordered products.

The User is aware and agrees that PETROL may refuse to issue or hand over the ordered and purchased products at the point of sale and unilaterally terminate the concluded contract for the purchase of products for which there is an age or other legal restriction for their purchase in accordance with the applicable legislation, if it turns out that the User does not meet the required age limit and other legal requirements for purchase when collecting the products ordered and purchased via the Mobile Application, as more precisely defined in Article 6.6 of these General Terms.

The User agrees that PETROL may withdraw from the contract within 5 minutes of receipt of the purchase order in the event of justified circumstances preventing the execution of the order, which must be notified to the User in writing.

In particular, the following are considered justified circumstances:

Circumstances that by their very nature constitute force majeure;
Lack of raw materials for production;
Any disruption to the working process that affects or could affect the timely execution of the order.

If the User misses the collection time for the products listed under the “Order and pickup” section (freshly prepared food and beverages labelled “FRESH”) by more than 10 minutes, PETROL can contact the User and ask for the products to be collected as soon as possible.

If the order is not collected within 30 minutes of the expiry of the selected collection time, the User agrees that PETROL is no longer obliged to store the ordered “FRESH” products and may discard them.

The User is aware of the fact that “FRESH” products are intended for immediate consumption and are properly packaged so that customers can take them to go. PETROL is not responsible for the lower quality of products (e.g. cold products) if the User collects the products after the agreed collection time specified in the order.

In accordance with the third paragraph of the definition of the purchase of “FRESH” products, PETROL guarantees to the User that it will fulfil its obligations in a timely manner, so that the selected products will be available to the User at the agreed time and location. If the selected point of sale misses the agreed collection time of the “FRESH” products by more than 10 minutes, the User will not be charged for the selected products.

All product images displayed in the Mobile Application are of a purely illustrative nature.

6.5 Distance purchase

The consumer user has the right to inform PETROL within 14 days of receiving products purchased at a distance that they are canceling (valid for buyers in Slovenia), or unilaterally terminating (valid for buyers in Croatia) the sales contract for the product without stating a reason for their decision (hereinafter: cancellation/unilateral termination of the contract or cancellation period). To exercise the right to cancel/unilaterally terminate the contract, the consumer must inform PETROL of their decision to cancel/unilaterally terminate the contract unequivocally. The user can report the contract withdrawal via email, attaching a copy of the invoice or other proof identifying the purchase, to the email address podpora.strankam@petrol.si or podrska.kupcima@petrol.hr, marked "for PETROL GO". The user can also report the cancellation/unilateral termination of the contract by calling the toll-free number 080 22 13. It is recommended that the user submit the cancellation/unilateral termination statement in writing to ensure proof of contract cancellation/unilateral termination. The user is considered to have timely delivered the contract cancellation/unilateral termination statement if it is sent within 14 days of receiving the product for which the contract is canceled/terminated in accordance with the valid consumer protection legislation.

The withdrawal period starts on the day on which:

The Consumer or a third party other than the carrier appointed by the Consumer acquires actual possession of the goods;
The Consumer or a third party other than the carrier appointed by the Consumer acquires possession of the last item of the goods if the subject of the contract is several items of goods ordered by the Consumer in a single order;
The Consumer or a third party other than the carrier appointed by the Consumer acquires possession of the last consignment or piece of goods if the delivery of the goods consists of several consignments or pieces;
The Consumer or a third party other than the carrier appointed by the Consumer acquires actual possession of the first item of goods, provided that the delivery of the goods is regular over a specified period.

The preceding paragraph applies mutatis mutandis to digital content supplied on a tangible medium.

If the subject of a distance contract is the provision of services or the supply of digital content that is not supplied on a tangible medium, the withdrawal period starts from the date of conclusion of the contract.

The Consumer is therefore deemed to have made a timely statement of withdrawal if, in the case of the purchase of goods or digital content supplied on a tangible medium, the statement of withdrawal is sent within 14 days of taking delivery of the goods or digital content supplied on the tangible medium specified for withdrawal from the contract and, in the case of a service or digital content not supplied on a tangible medium, within 14 days of the conclusion of the contract.

In order to comply with the period for withdrawal, it is sufficient that a notice regarding the exercise of the User’s right of withdrawal was sent before the expiry of the withdrawal period. The cost of returning the goods or digital content delivered on a tangible medium is borne by the Consumer. The cost of returning the goods or digital content delivered on a tangible medium that, due to its nature, cannot be returned by post is borne by the Consumer and is charged in accordance with the applicable price list of the chosen carrier. Products must be returned to PETROL no later than 14 days after the notice of withdrawal has been submitted. The User shall be liable for the decreased value of the product if the decreased value is the result of behaviour that is not strictly necessary to determine the nature, characteristics and performance of the product. The liability of the User for the decreased value of the product may be up to the value of the full regular retail price of the product on the date of purchase of the product, which is determined on a case-by-case basis. Due to the mentioned liability for the decreased value, the User is advised to return the product for which they have withdrawn from the contract undamaged, unused, in the same quantity and in the original packaging, in order not to damage the product during transport. PETROL will ask the User to pay the defined decreased value of the product.

Products can be returned by post to PETROL d.d., SDC Zalog, Zaloška cesta 259, 1000 Ljubljana, with the wording “for PETROL GO”. Personal return is also possible at the same address, every weekday from 7 am to 3 pm.

In the event of withdrawal from a contract, the Consumer User must not use the digital content or digital service and must not make it available to third parties.

Notwithstanding the preceding paragraph, in the event of withdrawal from the contract, the company may prevent the Consumer from making any further use of the digital content or digital service, in particular by preventing the Consumer from accessing the digital content or digital service or by disabling the Consumer’s account.

Each product return must be accompanied by a written explanation that the product is being returned due to a withdrawal from a distance contract (easiest if a copy of a duly and fully completed Form for withdrawal from a distance contract is attached) and a copy of the receipt or other proof of purchase.

The form for withdrawal from a distance contract, attached as Annex 1 hereto, forms an integral part of these General Terms.

Unless otherwise agreed by the parties, the Consumer User has no right of withdrawal in the following contracts:

For goods or services the price of which depends on fluctuations in markets that are not affected by PETROL and that may occur within the term of withdrawal;
For goods that are made according to the Consumer’s precise instructions and tailored to their personal needs;
For goods that are perishable or expire quickly;
For the provision of services, which obliges the Consumer to pay if PETROL fully performs the contract and if the provision of the service has commenced on the basis of the Consumer’s express prior consent and with the understanding that the Consumer loses the right to withdraw from the contract once PETROL has fully performed it;
For the supply of sealed audio or video recordings and computer programs, if the Consumer has opened the security seal after delivery;
For the supply of newspapers, periodicals or magazines, except in the case of subscription contracts for the supply of such publications;
For the supply of sealed goods that are not fit for return for reasons of health or hygiene, or if the Consumer has opened the security seal upon delivery;
For the supply of goods that are inherently mixed with other objects;
For the supply of alcoholic beverages, the price of which is agreed upon at the time of the conclusion of the sales contract and that may be delivered after 30 days, and the actual value of which depends on fluctuations in the market that are not affected by PETROL;
Concluded at public auctions;
If the Consumer has expressly requested a home visit by PETROL to carry out urgent repairs or maintenance. If, during such a visit, PETROL provides additional services not expressly requested by the Consumer or delivers goods that do not constitute spare parts essential for maintenance or repair, the Consumer has the right to withdraw from the contract in respect of those additional services and goods;
For non-residential accommodation, the transport of goods, car hire, the preparation and delivery of food or leisure services in which the company undertakes to fulfil its obligation at a specified date or time;
For the supply of digital content that is not supplied on a tangible medium, if performance has commenced and, where the contract obliges the Consumer to pay, if:

The Consumer has given their prior express consent to the commencement of performance within the withdrawal period,
The Consumer has agreed that they thereby lose the right to withdraw from the contract; and
The company has provided confirmation of the concluded contract in accordance with the relevant provisions of the law regulating consumer basic rights protection.

In the event of a withdrawal from a contract where the funds have been used or Golden Points have been redeemed, they are refunded to the Consumer’s account or Petrol Club Card and the amount paid is credited to the Consumer’s transaction account. Refunds (the purchase price paid for the goods and services withdrawn from the contract, including the delivery costs (excluding additional costs due to the choice of a type of delivery other than the most cost-effective standard form of delivery offered by PETROL or its subcontractors)) is made as soon as possible, but no later than 14 days from the date of receipt of the notice of withdrawal from a distance contract. Upon withdrawal from the contract, PETROL refunds the amount paid to the Consumer using the same payment method as that used by the Consumer, unless the Consumer explicitly requests the use of another payment method, whereby the Consumer shall not bear any costs as a result of such a request. PETROL may suspend the refund of received payments until the return of the goods or until the Consumer has provided proof that they have sent the goods back.

PETROL may refuse the order to the Consumer User or, despite the confirmation of the order, withdraw from a distance contract if it is determined that the Consumer User is abusing the right to withdraw from the contract.

If the purchase of food and beverages and other goods, services or digital content shown in the “Order and pickup” section is performed by the User by payment with a Petrol Business Payment Card, the purchase shall be deemed to have been made in the name and on behalf of a legal or natural person engaged in economic activity who has a contract with the issuer for the use of Petrol Business Payment Cards, as a result of which the User does not have the right to withdraw from the distance contract applicable to Consumers, as described above, and consequently a contract for the purchase is binding on the User and the User cannot withdraw from it due to the contract being concluded remotely.

6.6 Sale of alcoholic beverages

When ordering and purchasing alcoholic beverages and beverages to which alcoholic beverages have been added (hereinafter: “Alcoholic Beverages”) via the Mobile Application, the User confirms that they are aware that the sale of alcoholic beverages to persons under 18 years of age is prohibited, or in accordance with the Law on Restriction of Alcohol Consumption (prohibitions and restrictions prescribed by this law apply in Slovenia) the sale and offer of alcoholic beverages are prohibited:

persons under 18 years of age;
persons who exhibit clear signs of intoxication;
persons for whom it may be reasonably assumed that they will supply them to persons under 18 years of age;
persons for whom it may be reasonably assumed that they will supply them to persons exhibiting clear signs of intoxication.

If the cart contains products for the purchase of which, in accordance with the applicable legislation, there are age restrictions and/or other legal requirements for the purchase of these products, especially if there are Alcoholic Beverages in the cart, the User agrees that by checking the appropriate checkbox before confirming and submitting the order in the Mobile Application, the User confirms that they meet the age restrictions and other legal requirements for the purchase of Alcoholic Beverages. The User guarantees and is responsible for the correctness and truthfulness of the confirmed data and the fulfilment of the legal requirements specified in this Article for the purchase of selected Alcoholic Beverages.

Notwithstanding the preceding paragraph of this Article, PETROL reserves the right to request a the User, whom it assumes does not meet the requirements from paragraph one of this Article, when collecting Alcoholic Beverages at the selected point of sale, first proves their age with a public document that proves the identity of persons. If the person or the User refuses to do so, they may not be sold or offered or handed Alcoholic Beverages.

If the User does not meet the legal requirements from paragraph one of this Article, which apply to the purchase of Alcoholic Beverages, Petrol also reserves the right to cancel the order and unilaterally terminate the contract for the purchase of Alcoholic Beverages concluded with the User. In the latter case, the ordered goods are not handed over to the User, the purchase of the Alcoholic Beverages is cancelled, and the purchase price for the purchase of Alcoholic Beverages is refunded to the User via the payment method that the User used to purchase Alcoholic Beverages with the Mobile Application.

The User is also informed that the sale of Alcoholic Beverages is prohibited between 9 pm and 7 am the following day, except in hospitality facilities where the sale of alcoholic beverages is permitted until the end of their operational time defined in accordance with an Act (Valid only for Slovenia).

Notwithstanding the preceding paragraph, the sale of spirit drinks in hospitality facilities is prohibited from the start of operating time until 10 am. The prohibition of sale also includes adding spirit drinks to non-alcoholic beverages and other beverages (Valid only for Slovenia). In sports facilities and pertaining land (sports complex), the sale or offer of Alcoholic Beverages containing more than 15% alcohol by volume is prohibited one hour before the start of and during the public sports event.

For the protection of order, public order, the safety of property or persons, the organiser may decide not to sell Alcoholic Beverages one hour before or during a public sports event with medium or high risk, where serious violations of order, public order or threats to the safety of persons or property may be expected from the participants of the public sports event. In the case of a public sports event with a high risk, for which the organiser must acquire a licence, the competent authority may, as an additional measure for the improved safety of persons and property and for the maintenance of order, prohibit the organiser from selling or offering Alcoholic Beverages containing more than 15% alcohol. The competent authority may prohibit the sale or offer of Alcoholic Beverages at a public event where the police, ex officio, maintain public order, or where the conditions are met for police assistance in maintaining public order or preventing threats to public order at a public event in accordance with the Act regulating public assembly. The measure is proposed by the police on the basis of an evaluation of the threat, prepared for the public event in accordance with rules governing public assembly (Valid only for Slovenia).

The User is informed that the sale or offer of Alcoholic Beverages in sports facilities and pertaining land (sports complex) and during the sports event is only permitted in an open paper, plastic or metal package for single use.

The User is informed that in the case of the purchase of Alcoholic Beverages under the Events Category, PETROL makes the sale in the name and on behalf of the organiser of the Event.

6.7 Legal relationships

The User of the Mobile Application enters into a contract for the purchase of goods with the entity from which the goods are ordered and collected (hereafter: The “Actual Seller”). If the Actual Seller is not the direct payee of the chosen payment method, the User shall nevertheless be deemed to have paid the purchase price or other amount to the Actual Seller. If the Actual Seller is not Petrol, the provisions of these General Terms relating to Petrol shall apply mutatis mutandis to the Actual Seller.

If the contract between the Actual Seller and the Consumer User is not governed by Slovenian law, the provisions of the applicable national law shall apply and the provisions of these General Terms shall apply mutatis mutandis.

6.8 Fire safety

When purchasing/paying for energy products and washing the vehicle, to ensure fire safety, the Mobile Application can only be used in passenger vehicles and lorries. The Mobile Application should not be used in vehicles without a cabin (e.g. motorcyclists, tractors, convertibles, cyclists), or by pedestrians. For business or fire safety reasons, PETROL may also set quantitative limits on individual refills or purchases.

7. Warranty, statutory guarantee for the compliance of goods, irregularities in the performance of services, statutory guarantee for digital content or digital services and the procedure for claiming non-compliance and material defects

7.1 Warranty

Goods are covered by a warranty if so stated on the warranty certificate, receipt or advertising available at or before the time of the conclusion of the contract, or as provided for by applicable law. The issuer of the warranty (hereinafter also referred to as the “Guarantor”) guarantees the quality or fault-free functioning of the goods during the warranty period, provided that the goods are used in accordance with their intended purpose and in accordance with the enclosed instructions for use and the composition of the goods. The warranty period starts to run on the day the goods are handed over to the buyer.

The Consumer may exercise the rights under the warranty directly with PETROL as a guarantor if it has issued a warranty certificate or with the authorised repairer indicated on the warranty certificate. More detailed instructions and conditions for claiming the warranty are given in the warranty certificate that comes with the goods.

When exercising the warranty rights provided by PETROL, which apply only in cases where PETROL is the warranty provider, the user is required to provide a statement detailing the user's knowledge of the malfunction or non-conformity of the goods, as well as a request for rectifying the non-conformity and providing the warranty certificate and a copy of the receipt. The user must allow PETROL or its authorized service to inspect the goods.

The warranty claim for goods for which the manufacturer is the guarantor and which are purchased from PETROL can also be submitted to PETROL. In this case, PETROL acts solely as the user's representative, whereby the user's warranty claim is pursued on behalf and for the account of the user. PETROL will forward the resolution to the manufacturer or the manufacturer's authorized service, if specified on the warranty certificate. By doing so, the user also authorizes PETROL to accept the response or decision from the manufacturer on behalf and for the account of the user regarding the respective warranty claim and forward it back to the user. PETROL assumes no responsibility for the resolution of the user's warranty claim or any damages related to the resolution of the user's warranty claim through such forwarding of the claim and response from the manufacturer. The user must sign a statement confirming their awareness and consent to the rights and obligations stated in this provision regarding the transmission of the warranty claim by PETROL as described in this provision. The user must allow the manufacturer or the authorized service specified in the warranty certificate to inspect the goods for which the warranty is being claimed. The user is aware that the statutory period for resolving their warranty claim begins from the day when PETROL submits the warranty claim to the manufacturer or the authorized service on behalf and for the account of the user, and when the user enables the inspection of the item for which the user is claiming warranty. The user is aware that they are obligated to compensate PETROL for any damages and costs incurred by PETROL as a result of pursuing an unfounded warranty claim.

If goods are sent for inspection by post due to malfunctions, defects or non-compliance, they must be properly protected and prepared for safe transport.

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

7.2 Statutory guarantee for the compliance of goods and irregularities in the performance of services – Applies to Consumers only

The goods are in compliance with the sales contract, in particular where applicable, when:

They correspond to the description, type, quantity and quality, and have the functionality, compatibility, interoperability and other characteristics as required in the sales contract;
They are suitable for the specific purpose for which the Consumer needs them and that the Consumer has informed the seller of at the time of concluding the sales contract at the latest, and Petrol has agreed to this;
They are supplied with all accessories and instructions, including installation instructions, as set out in the sales contract; and
They are up-to-date as specified in the sales contract.
(hereafter collectively: Subjective requirements for the compliance of goods)

In addition to meeting the requirements set out in the preceding paragraph, the goods must:

Be fit for the purposes for which goods of the same type are normally used, taking into account, where appropriate, other regulations, technical standards or, in the absence of such technical standards, sector-specific industry codes of conduct;
Be of a quality and correspond to the description of the sample or model made available by Petrol to the Consumer prior to the conclusion of the sales contract, where applicable;
Be supplied with such accessories, including packaging, installation instructions or other instructions, as the Consumer can reasonably expect to receive, where applicable; and
Be of such a quantity and have such characteristics and other features, including with respect to durability, functionality, compatibility and safety, as are customary for goods of the same type and as the Consumer may reasonably expect in the light of the nature of the goods and taking into account any public statement made in advertising or labelling by or on behalf of the seller or by other persons upstream in the contractual chain, including the manufacturer, unless Petrol proves that:

It had no knowledge of the public statement and could not reasonably be expected to have had knowledge of it;
The public statement has been corrected in the same or a comparable manner as it was made by the time of entering into the sales contract; or
The public statement was not such as to have been likely to have an influence on the Consumer’s decision to purchase the goods.
(hereafter collectively: Objective requirements for the compliance of goods)

In the case of goods with digital elements, Petrol shall ensure that the Consumer is informed of and supplied with updates, including security updates, necessary to maintain the compliance of the goods with the digital elements within a period:

Which the Consumer can reasonably expect, having regard to the nature and purpose of the goods and digital elements and taking into account the circumstances and the nature of the contract, where the sales contract provides for a one-off supply of digital content or digital service; or
Two years from the delivery of the goods with digital elements, where the sales contract provides for the continuous supply of digital content or digital service over a specified period; or
During which the digital content or digital service is to be supplied under the sales contract, where the sales contract provides for the continuous supply of the digital content or digital service over a period of more than two years.
(hereafter collectively: Objective requirements for the compliance of goods with digital elements)

If the Consumer fails to install the updates supplied in accordance with the preceding paragraph of this Article within a reasonable period of time, Petrol shall not be liable for any non-compliance resulting solely from the failure to carry out the relevant update, provided that:

Petrol has informed the Consumer of the availability of the update and the consequences if the Consumer fails to install it; and
one year of the delivery of the goods, unless Petrol, as the seller, proves otherwise or if this presumptionThe reason for the Consumer not installing the update, or installing it incorrectly, was not due to inadequate installation instructions provided to the Consumer.

Petrol shall not be liable for any non-compliance of the goods resulting from a failure to comply with the Objective requirements for the compliance of goods or goods with digital elements, provided that Petrol has specifically informed the Consumer at the time of the conclusion of the sales contract that a particular feature of the goods deviates from the Objective requirements for the compliance of goods, and that the Consumer has expressly and separately accepted this deviation at the time of the conclusion of the sales contract.

If installation is an integral part of the sales contract and is carried out by or under the responsibility of Petrol, any non-compliance resulting from the incorrect installation of the goods shall be deemed to be a non-compliance of the goods. If the Consumer incorrectly installs goods that they are required to install themselves due to inadequate installation instructions provided by Petrol or, in the case of goods with digital elements, Petrol or the company supplying the digital content or digital service, any non-compliance resulting from the incorrect installation of the goods shall be deemed to be a non-compliance of the goods.

If a restriction resulting from an infringement of the rights of a third party, in particular intellectual property rights, prevents or restricts the use of the goods in accordance with Articles 72, 73, 74 and 75 of the ZVPot-1, the Consumer shall be entitled to guarantee claims for the non-compliance of goods in accordance with this Chapter of the General Terms, unless another Act provides for the nullity or annulment of the sales contract on the ground of the infringement of third-party rights.

Petrol shall be liable for any non-compliance of the goods existing at the time of delivery of the goods and that arises within two years from the date of delivery of the goods, which, without prejudice to the Objective requirements for the compliance of goods with digital elements, shall also apply to goods with digital elements (hereinafter referred to as the “Guarantee period”).

In the case of goods with digital elements, if the sales contract provides for the continuous supply of digital content or digital services within a certain period, Petrol shall be liable for any non-compliance of the digital content or digital services that arises or appears within two years from the delivery of the goods with digital elements. In the case of goods with digital elements, where the sales contract provides for the continuous supply of digital content or digital services for a period exceeding two years, Petrol shall be liable for any non-compliance of the digital content or digital service that arises or appears during the period in which the digital content or digital service is to be supplied in accordance with the sales contract.

If the subject of the sales contract is second-hand goods, Petrol and the Consumer may agree on a shorter period of Petrol’s liability as the seller than previously defined in the preceding two paragraphs of this Article, but this period may not be shorter than one year.

The contractual provision cannot limit or exclude the liability of Petrol as the seller for the non-compliance of goods as defined in the above paragraphs of this Article. Any contractual provision to the contrary is null and void.

The non-compliance of goods shall be presumed to have existed at the time of delivery if it arises within one year of the delivery of the goods, unless Petrol, as the seller, proves otherwise or if this presumption is incompatible with the nature of the goods or the nature of the non-compliance. In the case of goods with digital elements, where the sales contract provides for the continuous supply of the digital content or digital service during a certain period, Petrol as the seller shall bear the burden of proof as to whether the digital content or digital service was in compliance during the period defined in paragraph 8 of this Article, if the non-compliance arises during that period.

In the event of the non-compliance of the goods, the Consumer who has notified Petrol of the non-compliance of the goods shall be entitled, subject to the conditions and in the order set out in this Article, to:

Request the seller to restore compliance free of charge;
Request a reduction of the purchase price in proportion to the non-compliance or withdraw from the sales contract and request a refund of the amount paid.

The Consumer may withhold payment of the remainder of the purchase price or part of the remainder of the purchase price until Petrol has fulfilled its obligation under this Article. The Consumer exercises this right by notifying Petrol of their decision. In any event, the Consumer shall also have the right to claim from Petrol compensation for damages, in particular for the costs of materials, spare parts, labour, transfer and the transport of the goods, incurred as a result of the exercise of a warranty claim pursuant to this paragraph.

The Consumer may request Petrol to restore compliance free of charge without significant inconvenience to the Consumer within a reasonable period, not exceeding 30 days, from the time Petrol notifies the Consumer of the non-compliance, taking into account in particular the nature of the goods and the purpose for which the Consumer needs the goods. This time limit may be extended to the minimum time needed to complete the repair or replacement, up to a maximum of 15 days. In determining the extended period, account shall be taken of the nature and complexity of the goods, the nature and severity of the non-compliance and the effort required to complete the repair or replacement. Petrol shall inform the Consumer of the number of days for the extension of the time limit and the reasons for the extension of the time limit before the expiry of the time limit referred to in this paragraph. The compliance of the Goods shall be deemed to have been restored free of charge if Petrol also bears the payment of the necessary costs incurred in restoring the compliance of the Goods, in particular the costs of shipping, transport, labour or materials. In order to restore compliance, the Consumer may choose between having the goods repaired and replacing them with new, faultless goods, unless:

It is impossible to fulfil the chosen guarantee claim; or
The fulfilment of the chosen guarantee claim represents a disproportionate cost for the seller compared to the other guarantee claim, taking into account all the circumstances.

The circumstances referred to in the second indent of the preceding paragraph of this Article include, in particular, the value the goods would have had if they had not been non-compliant, the significance of the non-compliance and the possibility of providing the Consumer, without significant inconvenience, with another guarantee claim.

Petrol may refuse a Consumer’s guarantee claim to restore compliance if repair and replacement are not possible or would cause Petrol disproportionate costs, taking into account all the circumstances, including those referred to in the preceding paragraph.

When the repair or replacement of the goods is necessary to restore compliance, the Consumer must make the goods available to the seller. When the replacement of the goods is necessary to restore compliance, Petrol shall take back the replaced goods at its own expense. When goods that were installed in accordance with their nature and purpose before the non-compliance arose have to be removed for the purpose of repairing or replacing the goods, the obligation to repair or replace the goods shall include the removal of the non-compliant goods and the installation of replacement or repaired goods, or the costs of such removal and reinstallation. The Consumer does not have to pay for the normal use of the replaced goods in the period before the replacement.

The Consumer may request a proportionate reduction of the purchase price or withdraw from the sales contract in any of the following cases:

Petrol has failed to repair or replace the goods or, where applicable, has failed to complete the repair or replace the goods in accordance with this Act or has refused the Consumer’s guarantee claim to restore compliance in accordance with the preceding paragraph of this Article;
There is non-compliance, even though Petrol has tried to restore compliance;
The nature of the non-compliance is so grave as to justify an immediate proportionate reduction of the purchase price or withdrawal from the sales contract; or
Petrol has stated, or it is apparent from the circumstances, that Petrol will not restore compliance within a reasonable time or without significant inconvenience to the Consumer.

Notwithstanding the preceding paragraph, the Consumer may withdraw from the sales contract and request the reimbursement of the amount paid if the non-compliance arises within less than 30 days of delivery of the goods. If the Consumer requests a proportionate reduction in the purchase price, the reduction in the purchase price is proportionate to the reduction in the value of the goods received by the Consumer compared to the value the goods would have had if they had been in compliance. The Consumer withdraws from the sales contract by means of a declaration informing Petrol of their decision to withdraw from the sales contract. If the non-compliance relates to only part of the goods supplied under the sales contract and there is a ground for withdrawal from the sales contract under the first or second paragraph of this Article, the Consumer may withdraw from the sales contract in respect of the goods and any other goods acquired together with the non-compliant goods, provided that the Consumer cannot reasonably be expected to keep only the goods that are in compliance. When the Consumer withdraws from the sales contract, the Consumer returns the goods to Petrol at Petrol’s expense. The Consumer cannot withdraw from the sales contract if the non-compliance is only immaterial. The burden of proof as to whether the non-compliance is material is borne by Petrol.

The Consumer may exercise their rights under the non-compliance if they notify Petrol of the non-compliance within two months from the date on which the non-compliance was detected. The Consumer describes the non-compliance in detail in the notification of non-compliance. The Consumer may report the non-compliance to Petrol in person, for which Petrol issues the Consumer a receipt, or by sending it to the point of sale where the goods were purchased, or by sending it to the Petrol representative with whom the Consumer has concluded the sales contract. The Consumer gives Petrol the opportunity to inspect the goods that the Consumer claims are non-compliant.

If the non-compliance of the goods is disputed, Petrol notifies the Consumer in writing within eight days of receipt of the Consumer’s warranty claim.

If the Consumer withdraws from the sales contract, Petrol refunds the amount paid to the Consumer without delay, but no later than eight days after the receipt of the goods or proof that the Consumer has sent the goods back. If the Consumer requests a proportional reduction of the purchase price, Petrol refunds part of the purchase price within eight days of receipt of the request for a proportionate reduction of the purchase price.

The rights referred to in paragraph fourteen of this Article of the General Terms expire within two years from the date on which the Consumer informed the seller about the non-compliance of the goods.

A service contract is a contract, other than a sales contract, under which Petrol undertakes to provide a service to a Consumer and the Consumer undertakes to pay a price for that service, in accordance with the applicable consumer protection legislation. In the event of an irregularity in the service provided, the Consumer who has notified Petrol may:

Request that the irregularity in the service provided be rectified free of charge;
Request the service be re-performed;
Request the reimbursement of part of the purchase price in proportion to the irregularities in the service provided; or
Withdraw from the contract and request a refund.

The time limits laid down for the seller’s liability for the non-compliance of the goods apply mutatis mutandis to the supplier of the service, unless a longer time limit is laid down by a specific Act.

If the existence of an irregularity in the service provided is not disputed, Petrol shall comply with the Consumer’s request referred to in the preceding paragraph of this Article as soon as possible, but within eight days at the latest. Petrol shall respond in writing to the Consumer’s request no later than eight days after the receipt of the request, if the existence of an irregularity in the service provided is disputed.

7.3 Statutory guarantee for the compliance of digital content or digital services – applies to Consumers only (Provisions regarding mandatory warranty for compliance of digital content or digital services apply only to Slovenia)

The digital content or digital service complies with the contract for the supply of digital content or digital services, in particular where applicable:

It is of the description, quantity and quality and has the functionality, compatibility, interoperability and other features as agreed in the contract for the supply of digital content or digital services;
It is suitable for the specific purpose for which the Consumer needs it and that the Consumer has informed the seller of at the latest at the time of the conclusion of the contract for the supply of digital content or digital service, and Petrol has agreed to this;
It is supplied with all accessories and instructions, including installation instructions and customer support as agreed in the contract for the supply of digital content or digital services; and
It is up-to-date, as specified in the contract for the supply of digital content or digital services.
(hereafter collectively: Subjective requirements for the compliance of digital content or digital services)

In addition to meeting the Subjective requirements for the compliance of digital content or digital services referred to in the preceding paragraph of this Article, the digital content or digital service must also:

Be fit for the purposes for which digital content or digital services of the same type are normally used, taking into account, where appropriate, other regulations, technical standards or sector-specific industry codes of conduct that are applicable if no sector-specific technical standards exist;
Be supplied with all the accessories and instructions that the Consumer can reasonably expect to receive, where applicable; and
Be consistent with any trial version or preview of the digital content or digital service made available by Petrol prior to the conclusion of the contract for the supply of digital content or digital services; and
Be of such a quantity and have such characteristics and performance features, including with respect to functionality, compatibility, availability, continuity and safety, as are customary for digital content or digital services of the same type and as the Consumer may reasonably expect in the light of the nature of the digital content or digital service and taking into account public statements made in particular in advertising or labelling by or on behalf of the company or by other persons upstream in the contractual chain, including the manufacturer, unless Petrol proves that:

It had no knowledge of the relevant public statement and could not reasonably be expected to have had knowledge of it;
The public statement has been corrected in the same or a comparable manner as it was made by the time of concluding the contract for the supply of digital content or digital services; or
The public statement was not such as to have been likely to have an influence on the Consumer’s decision to purchase the digital content or digital services.

The digital content or digital services are supplied in the latest version available at the time of concluding the contract for the supply of digital content or digital services, unless otherwise agreed by the parties. When a contract for the supply of digital content or digital services provides for the continuous supply of digital content or digital services over a specified period, the digital content or digital services are deemed to be compliant if it is compliant for the entire duration of that period (hereinafter collectively: the “Objective requirements for the compliance of digital content or digital services”).

Petrol shall ensure that the Consumer is informed of and supplied with the updates, including security updates, necessary to maintain the compliance of the digital content or digital services with the contract for the supply of digital content or digital services.

Petrol shall ensure that the updates referred to in the preceding paragraph of this Article are delivered or made available to the Consumer within the period:

During which the digital content or digital services are to be supplied under the contract for the supply of digital content or digital services, when the contract for the supply of digital content or digital services provides for the continuous supply of the digital content or digital services over a specified period; or
Which the Consumer can reasonably expect, having regard to the nature and purpose of the digital content or digital services and taking into account the circumstances and the nature of the contract for the supply of digital content or digital services, where the contract for the supply of digital content or digital services provides for a single supply of digital content or digital services or a series of individual supplies of digital content or digital services.

If the Consumer fails to install the updates provided or made available by Petrol in accordance with the preceding two paragraphs of this Article within a reasonable period of time, Petrol shall not be liable for any non-compliance resulting solely from the failure to carry out the relevant update, provided that:

Petrol has informed the Consumer of the availability of the update and the consequences if the Consumer fails to install the update; and
The reason for the Consumer not installing the updates, or installing them incorrectly, was not due to inadequate installation instructions provided by Petrol.

If a restriction resulting from an infringement of the rights of a third party, in particular intellectual property rights, prevents or restricts the use of digital content or digital services in accordance with Articles 110, 111, 112 and 113 of the ZVPot-1, the Consumer shall be entitled to assert guarantee claims for the non-compliance of the digital content or digital services referred to in this Chapter, unless another Act provides for the nullity or annulment of the contract for the supply of digital content or digital services on the ground of an infringement of the rights of a third party.

Petrol shall not be liable for any non-compliance of the supplied digital content or digital services resulting from a failure to comply with the Objective requirements for the compliance of digital content or digital services, provided that Petrol has specifically informed the Consumer at the time of the conclusion of the contract for the supply of digital content or digital services that a particular feature of the digital content or digital services deviates from the Objective requirements for the compliance of digital content or digital services, and that the Consumer has expressly and separately accepted this deviation at the time of the conclusion of the contract for the supply of digital content or digital services.

Any non-compliance of digital content or digital services resulting from the incorrect integration of the digital content or digital services into the Consumer’s digital environment shall be deemed to be a non-compliance of the digital content or digital services if:

The digital content or digital services have been integrated by or under the responsibility of the company; or
The digital content or digital services were supposed to be integrated by the Consumer, but the incorrect integration was due to inadequate integration instructions provided by Petrol.

Petrol shall be liable for any failure to supply digital content or digital services in accordance with Article 107 of the ZVPot-1. Notwithstanding indent 2 of paragraph two of Article 112 of the ZVPot-1, if the contract for the supply of digital content or digital services provides for a single supply of digital content or digital services or a series of individual supplies of digital content or digital services, Petrol shall be liable for any non-compliance of the digital content or digital services referred to in Articles 110, 111, 112, 113 and 114 of the ZVPot-1, which exists at the time of supply or that arises within two years of the supply of the digital content or digital services. If a contract for the supply of digital content or digital services provides for the continuous supply of digital content or digital services over a specified period, in accordance with Articles 110, 111, 112, 113 and 114 of the ZVPot-1, Petrol shall be liable for any non-compliance that arises or appears during the period in which the digital content or digital services are to be supplied pursuant to the contract for the supply of digital content or digital services.

The burden of proof as to whether digital content or digital services have been supplied in accordance with Article 107 of the ZVPot-1 Act is borne by Petrol. In the case of a single supply of digital content or digital services or a series of individual supplies of digital content or digital services, Petrol shall bear the burden of proof as to whether the digital content or digital services were compliant at the time of supply if the non-compliance arises within one year of the supply of the digital content or digital services. In the case of a continuous supply of digital content or digital services over a specified period of time, Petrol shall bear the burden of proof as to whether the digital content or digital services was compliant during the period in which it was to be supplied pursuant to the contract for the supply of digital content or digital services, if the non-compliance becomes apparent during that period. Notwithstanding the foregoing in this paragraph, Petrol shall not bear the burden of proof as to the compliance of the supplied digital content or digital services if Petrol proves that the Consumer’s digital environment is incompatible with the technical requirements for the digital content or digital services and if Petrol has informed the Consumer in a clear and comprehensible manner of such requirements prior to the conclusion of the contract for the supply of the digital content or digital services. The Consumer shall cooperate with Petrol to the extent reasonably possible and necessary to determine whether the Consumer’s digital environment is the cause of the non-compliance of the digital content or digital services within the period set out in the preceding paragraph of this Article, as applicable. In this respect, the obligation for the Consumer to participate is limited to the least technically disruptive means available to the Consumer.

If the Consumer does not cooperate with Petrol in accordance with the preceding paragraph of this Article and Petrol has informed the Consumer of this requirement in a clear and comprehensible manner prior to the conclusion of the contract for the supply of digital content or digital services, the burden of proof as to whether the non-compliance existed during the period specified in paragraphs two or three of Article 116 of the ZVPot-1, as applicable, shall be borne by the Consumer.

In the event of the non-compliance of the digital content or digital services, the Consumer may, subject to the conditions set out in this point:

Request that the compliance of the digital content or digital services be restored;
Request a proportionate reduction in the purchase price; or
Withdraw from the contract for the supply of digital content or digital services.

The Consumer shall also have the right to claim damages from Petrol, in particular if the digital content or digital services supplied cause damage to hardware or other digital content or digital services owned by the Consumer and the damage is not caused by the Consumer’s acts or omissions. The Consumer may seek compensation in accordance with the general rules on liability for damages. The Consumer may withhold payment of the remainder of the purchase price or part of the remainder of the purchase price until Petrol has fulfilled its obligation under this Chapter. The Consumer exercises this right by notifying Petrol of their decision. The rights of the Consumer referred to in paragraph one of this Article expire within two years from the date on which the Consumer informed the seller about the non-compliance of the digital content or digital services.

The Consumer may request that the compliance of the digital content or digital services be restored, unless this would be impossible or would cause disproportionate costs to the company, taking into account all the circumstances of the case, including:

The value that the digital content or digital services would have if they were in compliance; and
The significance of the non-compliance.

Petrol shall restore the compliance of the digital content or digital services in accordance with the preceding paragraph of this Article within a reasonable time limit from the moment the Consumer has notified Petrol of the non-compliance, free of charge and without significant inconvenience to the Consumer, taking into account the nature of the digital content or digital services and the purpose for which the Consumer needed the digital content or digital services.

The Consumer may request a proportionate reduction of the purchase price in accordance with the following two paragraphs of this Article where the digital content or digital services are supplied against the payment of the purchase price, or withdraw from the contract for the supply of digital content or digital services in accordance with paragraph four of this Article, in any of the following cases:

It is not possible or is disproportionate to restore the compliance of the digital content or digital services in accordance with the first paragraph before the preceding paragraph of this Article;
Petrol has not restored the compliance of the digital content or digital services in accordance with the preceding paragraph of this Article;
The digital content or digital services remains non-compliant despite Petrol’s attempts to restore the compliance of the digital content or digital services;
The nature of the non-compliance of the digital content or digital services is so grave as to justify an immediate proportionate reduction of the purchase price or withdrawal from the contract for the supply of the digital content or digital services; or
Petrol has stated, or it is apparent from the circumstances, that Petrol will not restore the compliance of the digital content or digital services within a reasonable time or without significant inconvenience to the Consumer.

The value of the proportionate reduction in the purchase price is proportional to the reduction in the value of digital content or digital services supplied to the Consumer compared to the value that the digital content or digital services would have had it been in compliance. If a contract for the supply of digital content or digital services provides that the digital content or digital services are to be supplied for a specified period against the payment of a purchase price, the purchase price is reduced by the period during which the compliance of the digital content or digital services was not ensured. Notwithstanding the preceding paragraph of this Article, where digital content or digital services are supplied against the payment of a purchase price, the Consumer may only withdraw from the contract for the supply of digital content or digital services if the lack of compliance is not immaterial. The burden of proof as to whether the non-compliance is material is borne by Petrol. The Consumer exercises the right to withdraw from a contract for the supply of digital content or digital services by notifying Petrol that they are withdrawing from that contract.

If the Consumer withdraws consent to the processing of personal data or objects to the further use of personal data in the case of the contracts referred to in paragraph one of Article 104 of the ZVPot-1, Petrol may withdraw from the contract that obliges Petrol to supply digital services or digital content. The contract is terminated with immediate effect if the statutory or contractual notice period imposes a disproportionate burden on Petrol. Claims for damages by the company against the Consumer for the withdrawal of consent to the processing of personal data are excluded in the cases referred to in this paragraph. After the withdrawal of consent, the personal data of the Consumer referred to in this paragraph is returned to the Consumer or, in agreement with the Consumer, erased or otherwise destroyed.

If the Consumer withdraws from the contract for the supply of digital content or digital services, Petrol refunds to the Consumer all payments made in accordance with the contract for the supply of digital content or digital services.

Notwithstanding the preceding paragraph, where a contract for the supply of digital content or digital services provides for the supply of digital content or digital services against the payment of a purchase price and for a specified period of time, and the compliance of the digital content or digital services has been ensured for a certain period of time prior to the termination of the contract for the supply of digital content or digital services, Petrol only refunds to the Consumer the proportionate part of the purchase price paid corresponding to the period of time during which the compliance of the digital content or digital services has not been ensured.

In the case referred to in the preceding paragraph, Petrol also refunds to the Consumer any part of the purchase price paid by the Consumer in advance for the period of the contract for the supply of digital content or digital services that would have remained had the Consumer not withdrawn from the contract for the supply of digital content or digital services.

In the event of a Consumer exercising a claim for a proportional reduction of the purchase price or for withdrawal from a contract for the supply of digital content or digital services in accordance with Article 120 or 122 of the ZVPot-1, Petrol refunds the payments received to the Consumer without undue delay and no later than 14 days from the day on which Petrol was informed of the Consumer’s decision to exercise a claim for a proportional reduction of the purchase price or for withdrawal from the contract for the supply of digital content or digital services. Petrol refunds the payments received using the same payment method used by the Consumer to pay for the digital content or digital services, unless the Consumer expressly agrees to another payment method and the Consumer does not bear any costs as a result. Petrol does not charge the Consumer any costs for the reimbursement of payments received.

Upon withdrawal from a contract for the supply of digital content or digital services, Petrol may not use any content, other than personal data, provided or created by the Consumer in the course of using the digital content or digital services supplied by Petrol, unless:

This content is not usable outside the context of the digital content or digital services supplied by Petrol;
This content relates only to the Consumer’s activity in using the digital content or digital services supplied by Petrol;
Petrol has aggregated this content with other data and it is no longer separable or would require a disproportionate effort; or
The content was created jointly by the Consumer and others and can continue to be used by other Consumers.

Except in the cases referred to in the first, second and third indents of the preceding paragraph of this Article, Petrol makes available to the Consumer, upon request, all content that is not personal data and that the Consumer has provided or created in the course of using digital content or digital services supplied by Petrol.

The Consumer may reacquire the digital content referred to in the preceding paragraph of this point free of charge, within a reasonable time limit and in a commonly used and machine-readable form, without being hindered by Petrol.

Notwithstanding the preceding paragraph and the paragraph before this Article, in the event of the withdrawal of the Consumer from the contract for the supply of digital content or digital services, Petrol may prevent the Consumer from making any further use of the digital content or digital services, in particular by preventing the Consumer from accessing the digital content or digital services or by disabling the Consumer’s account.

Upon withdrawal from the contract for the supply of digital content or digital services, the Consumer shall refrain from using the digital content or digital services and from making it available to third parties. If the digital content was supplied to the Consumer on a tangible medium, the Consumer shall, at the request of and at the expense of the company, return the tangible medium to the company without undue delay.

The request for the return of the tangible medium referred to in the preceding paragraph shall be made by Petrol within 14 days of the date on which Petrol was informed of the Consumer’s decision to withdraw from the contract for the supply of digital content or digital services. The Consumer does not have to pay for the use of the digital content or digital services for the period before the withdrawal from the contract for the supply of digital content or digital services during which the compliance of the digital content or digital services was not ensured.

If the contract for the supply of digital content or digital services provides that the digital content or digital services are to be supplied or made available to the Consumer within a specified period, Petrol may modify the digital content or digital services to an extent that goes beyond what is strictly necessary to ensure that the digital content or digital services comply with the provisions of Articles 110, 111, 112 and 113 of the ZVPot-1 if the following conditions are met:

The contract for the supply of digital content or digital services allows and adequately justifies such a modification;
Such a modification is made at no extra cost to the Consumer;
The Consumer is informed of the modification in a clear and comprehensible manner; and
In the cases referred to in the following paragraph of this Article, the Consumer is informed in advance on a durable medium, within a reasonable time, of the nature and timing of the modification and of their right to withdraw from the contract for the supply of digital content or digital services in accordance with the following paragraph of this Article or to keep the digital content or digital services without such a modification in accordance with the last paragraph of this Article.

The Consumer may withdraw from the contract for the supply of digital content or digital services if a modification to the digital content or digital services has an adverse effect on the Consumer’s access to or use of the digital content or digital services, unless that adverse effect is immaterial. In this case, the Consumer is entitled to withdraw from the contract for the supply of digital content or digital services free of charge within 30 days of receipt of the notification of the change to the digital content or digital services or from the moment when Petrol modifies the digital content or digital services, whichever is later. If the Consumer withdraws from the contract for the supply of digital content or digital services in accordance with the preceding paragraph, paragraph five of Article 120 and Articles 122 to 125 of the ZVPot-1 shall apply mutatis mutandis.

Notwithstanding the preceding paragraph of this Article and the paragraph before that, the Consumer shall not have the right to withdraw from the contract for the supply of digital content or digital services if Petrol has allowed the Consumer to retain the digital content or digital services unchanged at no additional cost and the compatibility of the digital content or digital services is ensured. The provisions of this Article shall not apply to a package of services referred to in the Act governing electronic communications if it includes elements of an internet access service as defined in point 2 of Article 2 of Regulation 2015/2120/EU or includes a number-based interpersonal communication service.

7.4. Liability for Material Defects (applies to Croatia)

PETROL is responsible for material defects of purchased products, in accordance with the law. Liability for material defects will be resolved in accordance with the provisions of the applicable Law on Obligations.

The provisions of the Law on Obligations regarding liability for material defects do not apply to consumer contracts for the supply of digital content, unless the subject of the sales contract is a movable item into which digital content is incorporated, or they are connected with the item in such a way that the absence of that digital content would prevent the functioning of that item and which are supplied on the basis of that contract.

In the case of items with digital elements, the risk passes to the buyer at the moment when a one-time delivery of digital content is completed or when the continuous delivery of digital content has commenced.

A material defect exists if:

The product does not correspond to the description, type, quantity, and quality, or does not have the functionality, compatibility, interoperability, and other features as determined in the sales contract,
the product is not suitable for any particular purpose for which it is needed by the buyer and of which the buyer informed PETROL no later than at the time of concluding the sales contract and to which PETROL consented,
the product is not delivered with all additional equipment and instructions, including installation instructions, as determined in the sales contract, or
the product is not delivered with updates as determined in the sales contract.

Furthermore, a defect exists if:

The product is not suitable for use for purposes for which a product of the same type would normally be used, taking into account all regulations of the European Union and regulations of the Republic of Croatia, technical standards, or, if such technical standards do not exist, applicable codes of conduct in a particular field if they exist,
the product does not correspond to the quality and description of the sample or model that PETROL made available to the buyer before concluding the sales contract,
the product is not delivered with additional equipment, including packaging, installation instructions, or other instructions, the receipt of which the buyer can reasonably expect,
the product does not correspond to the quantity or does not have properties and other features, including those relating to durability, functionality, compatibility, and safety, which are customary for products of the same type and which the buyer can reasonably expect given the nature of the product and taking into account all public statements made by PETROL or other persons in the previous stages of the transaction chain, including the manufacturer, or made on their behalf, especially in advertising or labeling,
if the product, which was intended to be installed or mounted by the buyer, is improperly installed or mounted by the buyer, and the improper installation or assembly is a result of a deficiency in the instructions provided by PETROL or, in the case of products with digital elements, provided by PETROL or the supplier of digital content or digital service.

PETROL is not bound by public statements made by itself or another person in previous stages of the transaction chain if it proves that it did not know or could not have known about that statement, or that at the time of concluding the Contract, the public statement had been corrected in a manner equal to or comparable to when it was made, or that the public statement could not have influenced the decision to make the purchase.

In consumer contracts, deficiencies such as unsuitability for purposes for which the same goods would normally be used, inadequate quality, non-delivery of additional equipment, and inadequate quantity/lack of customary characteristics for goods of the same type do not exist if, at the time of concluding the sales contract, the consumer was specifically informed that a certain characteristic deviates from the criteria used to determine those deficiencies and if the consumer explicitly and separately accepted it when concluding the sales contract. It is presumed that any defect in the goods that manifests within one year from the moment of risk transfer existed at the time of risk transfer, unless PETROL proves otherwise or it arises from the nature of the goods or the nature of the defect.

The buyer is obliged to inspect the received item in the usual manner or to submit it for inspection as soon as possible, and to inform PETROL of any visible defects within 8 days, or immediately in the case of a commercial contract, otherwise losing the rights under this basis.

When the inspection is carried out in the presence of both parties, the buyer is obliged to immediately notify PETROL of their objections due to visible defects, otherwise losing the rights under this basis.

In consumer contracts, the consumer as the buyer is not obliged to inspect the item or submit it for inspection, but is obliged to inform PETROL of the existence of visible defects within 2 months from the day of discovering the defect, and at the latest within 2 years from the transfer of risk to the consumer.

If it is revealed after receiving the item by the buyer that the item has a defect that could not have been discovered by a usual inspection upon receipt of the item, the buyer is obliged, under penalty of losing their rights, to inform PETROL of that defect within 2 months from the day of discovering the defect, or immediately in the case of a commercial contract. PETROL is not liable for defects that manifest after 2 years from the delivery of the item, or in the case of a commercial contract, after 6 months.

A buyer who has duly and timely informed PETROL of a defect in the purchased goods may request that the defect be rectified, i.e., they have the right to repair or replacement. If PETROL does not rectify the defect, i.e., does not perform the repair or replacement, within a subsequent reasonable deadline provided by the buyer, the buyer may terminate the contract or request a price reduction.

When exercising the right to rectify the defect, the buyer has the choice between repairing and replacing the goods, unless the chosen method of rectification is impossible or would result in disproportionate costs to PETROL compared to other methods of rectifying the defect, taking into account all circumstances, especially the value of the defect-free goods, the significance of the defect, and whether the repair or replacement can be carried out without significant inconvenience to the buyer.

PETROL is entitled to refuse rectification of the defect if repair and replacement are impossible or would result in disproportionate costs considering all circumstances, especially the value of the defect-free goods, the significance of the defect, and whether the repair or replacement can be carried out without significant inconvenience to the buyer.

The buyer has the right to a price reduction or contract termination only if PETROL has not rectified the defect, or has refused to do so, or has not rectified the defect in accordance with the legal provisions governing repair and replacement, if the defect persists despite PETROL's attempt to rectify it, or if PETROL has stated that it will not rectify the defect, or it is evident from the circumstances that PETROL will not rectify the defect within a reasonable time or without significant inconvenience to the buyer, and if the defect is so serious that it justifies an immediate price reduction or contract termination. The buyer has the right to withhold payment of any outstanding part of the price until PETROL fulfills its obligations based on liability for material defects. If the defect is insignificant, the buyer does not have the right to terminate the contract, but they are entitled to other rights under liability for material defects, including the right to damages.

PETROL bears the costs of rectifying the defect and delivering another defect-free product. Repair or replacement of faulty goods is carried out at no additional cost to the buyer, within a reasonable time from the moment the buyer informs PETROL of the defect.

During repair or replacement, the buyer is obliged to make the product available to PETROL, and PETROL is obliged to take it over and bear the costs of acquisition. In the case of product replacement, the consumer is not obliged to pay for the usual use of the replaced products during the period before their replacement.

The buyer does not have the right to terminate the sales contract due to a defect in the goods if it is impossible for them to return the goods or return them in the condition in which they received them, unless the goods have completely or partially deteriorated or are damaged due to a defect that justifies contract termination, or due to an event not originating from them or from any person for whom they are responsible. A buyer who has lost the right to terminate the contract due to the impossibility of returning the goods or returning them in the condition in which they received them retains other rights granted by law due to the existence of a defect, such as requesting the delivery of another defect-free product.

7.5 Procedure for claiming non-compliance or material defects

The user and/or consumer must unequivocally inform PETROL about the non-conformity of the goods, digital content, or irregularities in the provided service, along with its accurate description. The user can exercise their rights under the warranty for conformity of goods or material defects if they adhere to or inform PETROL about irregularities in the provided service within the legal deadline. The user must allow PETROL's representative or authorized service provider appointed by PETROL to inspect the goods, digital content, or provided services.

To file a complaint, the user can use all available channels such as "Povej Petrolu," the contact center, customer support, or the sales point where the product or service was purchased.

The rights and obligations under the warranty are governed by the provisions of the applicable Consumer Protection Act and the Obligations Code.

With regard to the mandatory guarantee for the compliance of goods and digital content or digital services, as well as for irregularities in the service provided, the provisions of the applicable Consumer Protection Act shall apply in relation to Consumers, and the provisions of the applicable Obligations Code defining the liability for material defects shall apply in relation to Users who do not qualify as Consumers.

8. Contacts, assistance and additional questions

In case of questions or if the User needs assistance, they can contact the sales staff at the PETROL points of sale or the PETROL call centre at the free phone number, 080 22 66.

9. Limitation of liability

PETROL assumes no liability and gives no guarantees to the User about possible inactivity or inability to use the Mobile Application but shall only endeavour to ensure the smooth operation of the Mobile Application. However, this provision does not exclude the liability of PETROL for any damage caused by PETROL that is considered intentional or negligent, in accordance with the law governing consumer protection.

Independent external services and applications are used in the Mobile Application to display certain functionalities. The use of these services is subject to the terms of use of the external service specified by the owner of the service or application, and PETROL assumes no liability in this regard and makes no warranties. PETROL is also not responsible for the form and content of information obtained through non-PETROL web links.

PETROL is not responsible for the occasional inactivity of the Mobile Application, the possible inaccuracy of information and for any damage and/or loss of income.

Therefore, PETROL is not liable for any damage that, for example, arises due to access to information, the use of or inability to use information or any errors or deficiencies in its content. However, this provision does not exclude the liability of PETROL for damage caused to the User by PETROL that is considered intentional or negligent, in accordance with the law governing consumer protection.

The information contained in the Mobile Application is for information purposes only, and therefore PETROL assumes no responsibility for any errors in the content and accuracy of the published information that may have occurred due to time mismatches, typing errors or other unforeseen causes.

The User is responsible for all activities performed using their User Account. In the event of any unauthorised use or reasonable suspicion that such access has occurred, the User shall immediately notify PETROL, as specified in Article 4.1 of these General Terms. PETROL is not responsible for any damage that the User would suffer as a result of the unauthorised use of the User Account or password with which they are registered or logged in to the Mobile Application. The User undertakes to use the Mobile Application in accordance with these General Terms and terms that are stated to supplement these General Terms, to ensure the secrecy and security of passwords and to comply with the rules and notices published on the www.petrol.si or www.petrol.hr website.

PETROL is not responsible for any errors or damage resulting from the transmission of incorrect information and/or other activity of the User, e.g. when registering or logging into the Mobile Application.

PETROL also reserves the right to change, add or remove content posted to the Mobile Application at any time, without prior notice. All Users make use of all published content at their own risk, including the need to properly protect data on their smartphone or tablet, as well as to properly protect the smartphone or tablet on which they have downloaded and use the Mobile Application.

PETROL may, at its sole discretion, discontinue providing the Mobile Application for business reasons, of which the Users shall be notified in a timely manner.

10. Upgrades and new versions of the Mobile Application

Due to technical or functional upgrades of the Mobile Application, PETROL reserves the right to publish a new version of the Mobile Application. The User will be notified about the new version of the Mobile Application, either via the Mobile Application itself or via the store from which the Mobile Application was downloaded; or the Mobile Application will be updated automatically on the smartphone or tablet, depending on the settings of the User’s smartphone or tablet.

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 natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: the “General Data Protection Regulation”) and national rules on personal data protection.

11.1 Types of personal data, the basis and purpose of processing

When using the Mobile Application, PETROL will process the User’s first and last name, date of birth, telephone number, email address, address of residence, payment methods, information on the Petrol Club Loyalty Card, Petrol Club Loyalty Payment Card or Petrol Business Payment Card, purchase information, order information, electronic invoicing information, the User’s location and the device camera.

Petrol will process the above information for the purpose of:

Contacting the User for the smooth use of the goods, services and digital content subject to these General Terms;
The provision of goods, services and digital content subject to these General Terms and the conclusion of a contract with the User;
The User’s registration;
Issuing electronic invoices;
Execution and review of payment transactions, any inconsistencies in the execution of payments and related abuse and other breaches of these General Terms.
For imaging QR codes at filling stations, coffee machines and car washes.
Ensuring compliance with the PSD2 Directive on payment services in the field of user authentication by the bank or other institution issuing the payment instrument.

For the purpose of the execution and review of payment transactions, any inconsistencies in the execution of payments and related abuse and other breaches of these General Terms, PETROL also processes certain data on the executed transaction, which is stored in a token, namely information on the last four digits of the payment card used and information on the type of card used.

To register or create a User Account, the User must provide PETROL with their personal information: email address, country and password.

For the purpose of ensuring the benefits of membership in the Petrol Club and association with the customer data from the ownership of the Petrol Club Loyalty Payment Card, PETROL processes the Petrol Club Loyalty Payment Card number, name and surname, date of birth, country, mobile phone, gender and address of residence. When making an association with the customer data from the Petrol Club Loyalty Card, it processes the Petrol Club Loyalty Card barcode number, name and surname, country, address, mobile phone, gender and address of residence.

For the purpose of paying with a Petrol Business Payment Card, PETROL processes the following data: name of the cardholder or tax number of the company to which the card was issued, Petrol Business Payment Card number and its validity, card PIN number and mileage, travel order number and the driver card number where this is required.

For the purpose of associating the User Account with other customer data (all data related to contractual relations; electricity, natural gas, eShop orders, KOEL orders, LPG orders and other personal data of the customer), PETROL processes the data in accordance with the underlying legal basis.

For the purpose of making a purchase, PETROL processes information about the products purchased, the prices of the products, the acquired and used benefits at the time of purchase, payment, place of purchase, date and time of the purchase, QR code at the point of sale, time of receipt, withdrawal from the order and withdrawal from the contract. For the purposes of User identification under Article 5.3.1.1 and 6.6 of these General Terms, Petrol will process the number, issuer and validity of the identity document.

Petrol will process this data for other purposes, provided that the User has given written consent for other such data processing purposes:

For profiling Users to prepare personalised offers of their goods, services and digital content through the use of email, SMS, MMS, telephone or traditional post;
For direct marketing regarding the goods, services and digital content range, sales, benefits and other changes or novelties;
For conducting market research on the quality of products and services and the need for additional products or services.
For sending push notifications in accordance with the push notification settings within the Mobile Application or smartphone or tablet settings.

To ensure the smooth use of the Mobile Application, the User will need to give the Mobile Application permission to process information about their location and permission to use the camera. The Mobile Application requires location information to find the nearest PETROL service stations, to calculate the arrival time to collect the ordered goods and digital content, to determine the location of the Event and to calculate the value of the purchase, and a camera to take an image of the QR codes at filling stations, coffee machines and car washes. If the User does not allow the Mobile Application to share their location, they will not be able to use these services.

In individual purchases through the Mobile Application, PETROL also processes information about purchased products or services provided, payment, redeeming benefits, time and place of purchase, payment methods, credit points, points collected and other benefits obtained. If the individual does not give the appropriate consent for such processing, PETROL processes this data anonymously or under pseudonymisation for the purpose of analysing and examining shopping habits, in order to optimise the offer and costs and to increase customer satisfaction.

11.2 Data changes

If the personal data referred to in Article 10.1 changes, the User must notify PETROL of the change within 30 days, in writing to the following address: PETROL, Slovenska energetska družba d.d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana or PETROL d.o.o., Savska Opatovina 36, ZAGREB, 10000, via the PETROL website, or through the Mobile Application.

PETROL shall take into account the change in the personal data of the User provided by ordinary post within 15 days from the date of the written notification, and immediately in the case of the change of personal data through the PETROL website or through the Mobile Application.

11.3 Rights of the User

The User may, at any time, request confirmation that PETROL is processing their personal data and the disclosure of such personal data; they shall have the right to receive such personal data and the right to transmit that data to another controller. The User may request the restriction of the processing of personal data; object to the processing of personal data and automated individual decision-making, including profiling; revoke the consent given for various purposes of processing; request the correction, supplementation or deletion of personal data. They may exercise all of these rights under the conditions and to the extent set out in Articles 15 to 22 of the General Data Protection Regulation.

Notwithstanding the exercise of the rights referred to in the preceding paragraph, personal data may be processed in the context of any other consent given, and if there is another legal basis for processing in accordance with Article 6 of the General Data Protection Regulation, within that basis.

A request to exercise the rights from the first paragraph of this section can be submitted by a written request addressed to PETROL d. d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana, marked "for DPO" or PETROL d.o.o., Savska Opatovina 36, ZAGREB, 10000, marked "for ZOP."

In the event of the exercise of the User’s rights regarding the objection to the processing of the data, the withdrawal of consent, the request to limit the processing or the erasure of personal data, which results in the prevention of the notification of the User, PETROL shall prevent the notification within 15 days from the receipt of the objection or change of the User’s settings; but if the notification campaign was prepared before the objection was processed or the settings changed, there is a chance that the User will still receive one last notification. PETROL shall ensure the exercise of other rights within the time limits required by the applicable personal data protection legislation.

11.4 Recipients of personal data

PETROL treats personal information with special care and prevents unauthorised access. In some cases, due to individual instances of processing not performed by PETROL, the User’s personal data may be provided to contractors – external processors who process the data in the name, on behalf, under the instructions or under the control of PETROL (distribution partners, advertising agencies, printing companies, software owners, etc.), which are listed in more detail in the list on the website http://www.petrol.si. In addition to external processors, PETROL also provides the User’s personal data to state authorities, on the basis of their reasoned written request, for the purpose of conducting a specific procedure and in cases of the request or written authorisation of the User.

11.5 Retention period for personal data

PETROL processes personal data until the purpose of the processing is fulfilled or within the limitation period for obligations that might arise from the processing of this personal data. In cases where the retention period for personal data is provided by law, PETROL retains that personal information in accordance with the law. However, personal data obtained through consent shall be kept until such consent is withdrawn.

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

12. Obligations of the User

The User of the Mobile Application agrees not to use the latter for unlawful purposes or purposes contrary to these General Terms. The Mobile Application may not be used in any way that could damage, disable, overburden or harm the Mobile Application or PETROL, as well as third parties and their property. In accordance with this obligation, the User, in particular, undertakes to:

Comply with all security warnings provided by PETROL regarding the use of the Mobile Application at a point of sale;
Not use the smartphone or tablet on which they have installed and use the Mobile Application outside their vehicle when refuelling/purchasing energy products, as this could endanger fire safety at an individual point of sale. If the vehicle has a movable roof, it must be completely closed when using a smartphone or tablet;
In the event of using the Mobile Application for the purchase of energy products, the User must ensure that the windows and doors of the vehicle are closed while using the Mobile Application at the point of sale, until the completion of the purchase.

By providing any feedback and suggestions regarding the “PETROL GO” Mobile Application to PETROL, the User warrants that they are the holder of the relevant rights or permissions on the basis of which they may legally possess the material provided and/or other information.

In case of the unauthorised use of the username or password, the User is obliged to notify PETROL thereof at podpora.strankam@petrol.si or podrska.kupcima@petrol.hr. In the event of the unauthorised use and/or any other misuse of access or use of the Mobile Application by Users or third parties, and/or in case of the suspected misuse of the password, PETROL has the right to take all actions and other actions that it considers necessary within its own business judgment to protect its rights and interests and/or to protect the rights and interests of customers and/or Users and/or to protect the rights and interests of any other person (e.g. preventing access to the Mobile Application).

13. Intellectual property rights

All data, images and other information within the Mobile Application are subject to copyright and related rights and the industrial property rights of PETROL, as defined by the relevant legislation governing the protection of copyright and related rights and industrial property rights.

By downloading or registering in the Mobile Application, the User acquires a non-transferable and non-exclusive right to use the Mobile Application solely on their smartphone. The right of use referred to in this paragraph shall apply for non-commercial purposes only. Thus, PETROL does not transfer to the User any other material copyrights or industrial property rights, nor does it grant them the right to use any trademarks, logos or corporate identity owned or held by PETROL. The User, for example, may not make copies of the Mobile Application, install the Mobile Application on a server or other platform, lease or sub-licence the Mobile Application for its use or process or otherwise interfere with the operation of the Mobile Application.

14. Complaints and disputes

The user can submit a complaint about the operation of the mobile application and purchases made through the mobile application to the email address http://www.petrol.si/povej or podrska.kupcima@petrol.hr directly to PETROL staff at PETROL's sales points. In the complaint, the user must describe in detail the actions or errors that are the subject of the complaint, and in the case of complaints related to purchases made, a copy of the receipt must be attached to the complaint. The complaint handling procedure is confidential.

PETROL and the user may attempt to resolve disputes amicably; otherwise, disputes will be resolved by the competent court in Ljubljana. For disputes arising from the use of the mobile application and the purchase of goods or services in the Republic of Croatia, the local jurisdiction of the competent court in Zagreb is agreed upon.

For matters arising from these General Terms, PETROL does not recognize an out-of-court consumer dispute resolution entity as competent for out-of-court consumer dispute resolution that the user may initiate in accordance with applicable law in the field of out-of-court consumer dispute resolution.

The link to online consumer dispute resolution platforms can be found at this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HR.

15. Code of Conduct

PETROL has adopted a Code of Conduct, which is available together with related content at: https://www.petrol.eu/binaries/content/assets/skupina-petrol-slo/2018/pages/trajnostni-razvoj/zaposleni/korporativna-integriteta/petrol_kodeks_2012--1.pdf.

16. Transitional and Final Provisions

The applicable General Terms are published on the following website: www.petrol.si and www.petrol.hr. The same shall apply to any amendments to the applicable General Terms resulting from an amended business policy of PETROL or applicable law or decisions of the competent national authorities.

Any amendment to the General Terms, or new General Terms, shall enter into force on the day of their publication on the website but shall apply from the 15th day after their publication. In the event of any amendments and supplements to the General Terms resulting from changes in the relevant legislation or decisions of the competent state authorities, PETROL may also shorten the period of application of the General Terms referred to in this paragraph (e.g. by carrying out the amendments within the time limit specified in the decision of the authority or the entry into force of the relevant act).

The second paragraph of this Article shall not apply to amendments of these General Terms that do not interfere with the rights and/or obligations of the Users (e.g. typos, obvious errors in the text); the latter may be eliminated by PETROL at any time, without prior notice to the Users.

It is considered that the User has been informed about the amendment of the General Terms as of the date of publication of the new or amended General Terms on the PETROL website.

If the User does not agree with the new or amended General Terms, the use of the Mobile Application by the User shall be prevented or limited. In this case, the User is advised to use their full credit by the time the new or amended General Terms enter into force. After the date of application of the new or amended General Terms, the use of the credit will no longer be possible without the User confirming their agreement with the General Terms. In this case, the User will have the option to refund the balance in accordance with the General Terms of Use for the Petrol Club Loyalty Card and General Terms of Use for the Petrol Club Loyalty Payment Card published on the website www.petrol.si and www.petrol.hr, as applicable in the case of the cancellation of registration.

"These general terms and conditions come into effect on 22.02.2024."

In Ljubljana, on 22 February 2024.

PETROL d.d., Ljubljana

General Terms and Conditions of Use of the PETROL GO Mobile Application

1. Introductory provisions

2. Definitions

3. Technical requirements

4. Registration, logging in and cancellation

4.1 Cancellation of registration or the disposal of a phone/computer

5. Payment methods and payment

5.1 Payment process with supported payment method

5.2 The process of adding and deleting a supported payment method

5.3 Supported payment methods

5.3.1. PETROL Club Cards

5.3.2. Petrol Business Payment Cards

5.3.3. mBills

5.3.4. Other payment methods or cards

5.4 Transaction security using payment cards

5.5 PETROL’s obligations if a purchase via the Mobile Application is conditional on a prepayment

6. Using the Mobile Application

6.1 Unregistered Users and Users who are not logged in

6.2 Registered and logged in Users

6.3 Logged-in Users who are also members of the Petrol Club and have the Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card linked to the Mobile Application

6.4 Purchase and payment via the Mobile Application

6.4.1. Purchase of and payment for energy products via the Mobile Application (available in Slovenia and Croatia)

6.4.2. Purchase of and payment for Coffee to Go (available in Slovenia and Croatia)

>6.4.3. Purchase and pay for a car wash and add-ons (available in Slovenia)

6.4.4. Shop with PETROL GO

6.4.5. Purchase of food and beverages and other goods and digital content from the “Order and pickup” section (hereinafter referred to as “Order and pickup” - available in Slovenia and Croatia)

6.5 Distance purchase

6.6 Sale of alcoholic beverages

6.7 Legal relationships

6.8 Fire safety

7. Warranty, statutory guarantee for the compliance of goods, irregularities in the performance of services, statutory guarantee for digital content or digital services and the procedure for claiming non-compliance and material defects

7.1 Warranty

7.2 Statutory guarantee for the compliance of goods and irregularities in the performance of services – Applies to Consumers only

7.3 Statutory guarantee for the compliance of digital content or digital services – applies to Consumers only (Provisions regarding mandatory warranty for compliance of digital content or digital services apply only to Slovenia)

7.4. Liability for Material Defects (applies to Croatia)

7.5 Procedure for claiming non-compliance or material defects

8. Contacts, assistance and additional questions

9. Limitation of liability

10. Upgrades and new versions of the Mobile Application

11. Personal data

11.1 Types of personal data, the basis and purpose of processing

11.2 Data changes

11.3 Rights of the User

11.4 Recipients of personal data

11.5 Retention period for personal data

12. Obligations of the User

13. Intellectual property rights

14. Complaints and disputes

15. Code of Conduct

16. Transitional and Final Provisions

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