General Terms of Use for the “NA POTI” Mobile Application

1.    Introductory provisions

With these General Terms of Use for the “NA POTI” 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 “NA POTI” Mobile Application (hereinafter: the “Mobile Application”).

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 “NA POTI” Mobile Application are published on the website www.petrol.si.

2.    Definitions

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

Mobile Application Users may be natural persons who are at least 15 years of age 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. 

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. More information is available at: https://www.bsi.si/placila-in-infrastruktura/nacionalni-svet-za-placila/e-novice/e-novice-nacionalnega-sveta-za-placila-avgust-2016/tokenizacija-narediti-vsa-karticna-placila-varnejsa.

The mBills Mobile Wallet (hereinafter: “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. 

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.

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

Hip Shopping section is a section in the Mobile Application that displays all products that are in stock at selected PETROL points of sale and are available for pre-order with the Mobile Application and can be collected at the selected Petrol point of sale.

Events category is a sub-section in the Hip Shopping section, which displays the products that are on offer at an individual event or public event, at which PETROL, in agreement with the organizer 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.  

3.    Technical requirements

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

  • Apple iOS: App Store and
  • Google Android: Google Play Store.
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 Application” of these General Terms. To log into the Mobile Application, the User needs a User Account, 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 applicable General Terms, agree with them and fully accept them, and by accepting the General Terms, they confirm that they have reached the age of 15 and fulfil the other conditions for the use of the Mobile Application, determined by these General Terms.

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 and gender. This is followed by a validation of the entered telephone number, though the User can also skip the verification of the 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, thus successfully completing the process of creating a new Petrol Club Loyalty Card in the Mobile Application.

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, country, address, date of birth, mobile phone and gender. 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 disposal of a phone/computer

In the event of the disposal of the User’s phone or if the User wishes to delete their User Account, the User can submit a request to delete the User Account within the Mobile Application.  The User can also delete the User Account by calling the toll-free number, 080 22 66, in writing to the address: PETROL d.d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana, with the wording “cancel”, or by email to klub@petrol.si, with the wording “cancel”. After the final confirmation of the deletion of the User Account, the User Account and associated personal data will be deleted. It is not possible to withdraw from the deletion of the User Account, and the User can only create or register a new User Account in accordance with these General Terms.

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 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.

pravni-pogoji

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 button, confirms the order for the goods, services and 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 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

In the menu of the Mobile Application, the User may edit and add the payment cards mentioned in Article 5.3.4 of these General Terms by entering the basic payment card information required for payment (card number, card name, card validity, 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 (mobile application of the bank to confirm payments). 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 and digital content in the Mobile Application using the payment methods, as well as for the mBills Mobile Wallet, but this does not apply to the Petrol Club Loyalty Payment Card and the Petrol Business Payment Cards. Based on the token generated with the tokenisation, the Mobile Application can make subsequent payments without re-entering all the card data by the User and obtain basic limited card information to display data in the Application for the purpose of 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 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 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 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. 

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 menu of the Mobile Application, the User may edit and add the Petrol Business Payment Cards mentioned in Article 5.3.2 by entering the basic business payment card information required for payment (card number, card validity, name and surname of the cardholder (type I and J) or company tax number (type P, R, A, V, D and O) and card PIN).

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 “NA POTI” Authorisations tab. Here, the administrator enters the e-mail address (username) that the employee uses to log in to the “NA POTI” application. In this way, the administrator authorizes the use of the Petrol Business Payment Card in the “NA POTI” 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.

The User can delete the mBills mobile wallet connection in the mBills mobile application.

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

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.

5.3.1.2    Petrol Club Loyalty Payment 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 to 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 “Petrol Club” in the Mobile Application, which opens a screen showing the EAN barcode 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 purchase. 

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 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 “Petrol Club”. 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 scan 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. 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.

The User who uses the application for both private and business purposes must be careful to select and confirm 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 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 purchase.

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, where entering the correct security password (PIN code) is always required, regardless of the amount of fuel purchase.

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.

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

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 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. 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 the interest accrued.

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:

  • Editing and submitting a request to delete the User Account and associated personal data;
  • Adding a payment method (Visa, Mastercard, Petrol Business Payment Cards);
  • Connecting an existing Petrol Club Loyalty Card, Petrol Club Loyalty Payment Card;
  • Joining the Petrol Club and creating a new Petrol Club Loyalty Card;
  • Access to the General Terms and Conditions of the Mobile Application;
  • Sharing a link to install the “NA POTI” Mobile Application; 
  • Displaying PETROL points of sale and their details on the map (opening times, contact information, fuel prices, navigation option);
  • An overview of the products in the Hip Shopping section;
  • Viewing instructions for using the Mobile Application;
  • Reporting errors in the operation of the Mobile Application;
  • Paying using the Mobile Application;
  • Insight into the history of payments made.
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 point 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;
  • 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 the General Terms of Use for the Petrol Club Loyalty Payment Card or current Petrol Club promotions published on website www.petrol.si.

Before using the Mobile Application, the User registers and logs in and can determine their exact location (using the GPS function on the smartphone or tablet) and confirm the code of the filling station at the PETROL point of sale where it is possible to make a purchase with the Mobile Application. Determining and confirming the filling station is possible by scanning the code at the filling station or by manually entering the code of the PETROL filling station/point of sale into the Mobile Application. PETROL filling stations/points of sale with energy products that can be purchased using the Mobile Application will be appropriately marked by PETROL (e.g. with a QR code, EAN code or other unique identification mark that can be scanned with the Mobile Application and/or manually entered into the Mobile Application).

In the next step, the User selects a payment method and confirms the use of the selected payment method or credit and enters the corresponding security password (PIN code) or confirms 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, the sales contract between PETROL and the User is deemed to be concluded. Before entering the security password (PIN code) or pressing the CONFIRM button, the User can cancel the contracting process and/or change the order.

In the case of purchasing energy products, the User explicitly agrees that PETROL has the right to verify the User’s personal spending limit of the selected payment method, from the confirmation of the payment method up to and including the entry of the security password (PIN code), or before pressing the CONFIRM button, and to inform the User before refuelling begins if the limit of the selected payment method has been exceeded.

If the limit of the selected payment method has been exceeded, the User will not be able to use the Mobile Application when paying for the energy product at the given moment at the given PETROL point of sale. The limitation of the amount of a one-time purchase or payment is tied to the approved limit of each User, as determined by the issuer of the payment instrument, in agreement with the User. If the payment limit of the selected payment method has not yet been reached, the User will be able to settle the purchase amount through the Mobile Application, only up to the spending limit of the selected payment method. 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. If the User does not complete the confirmation of payment at the request of the issuer of the payment instrument, or if there are insufficient funds on the card, the User will be asked to pay for the energy product at the cash desk of the PETROL point of sale. 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 associated exact purchase price. The User is acquainted with the given information, confirms this and after the purchase has been made, receives an electronic receipt from PETROL. The receipt is visible in the “My History” menu of the Mobile Application.

If the User, for any reason, drives off 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 and payment of Coffee to Go

The User can purchase Coffee to Go as follows:

  1. Select “Coffee to Go”.
  2. Scan the QR code on the right edge of the machine or manually enter the number below the QR code.
  3. Select the desired beverage in the Mobile Application.
  4. 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.
  5. Confirm the dispensing of the beverage by pressing the “Fill” button in the Mobile Application or by selecting a beverage on the coffee machine, 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.
  6. In the next step, the User will receive a receipt in electronic format from PETROL. The receipt is visible in the “My History” menu of the Mobile Application.
6.4.3    Purchase and payment of car wash and vacuum cleaner tokens

The User can purchase a car wash as follows:

  1. Select the “Car wash” option.
  2. Confirm their location as determined by the Mobile Application using the built-in GPS device and scan the QR code, or manually enter the car wash number below the associated QR code.
  3. Select the desired wash (XXL, XL, L or M) and the desired number of tokens for the vacuum cleaner.
  4. 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. Before pressing the CONFIRM button, the User can cancel the contracting process or change the order.
  5. The Mobile Application generates a 6-digit code and displays it on the screen of the Mobile Application, along with the number of tokens. The User also receives the 6-digit code via SMS.
  6. The code and the number of virtual tokens purchased are displayed to the car wash operator.
  7. Immediately after confirming the purchase of one of the selected washes (XXL, XL, L or M) or a token for the vacuum cleaner, the User receives an electronic receipt from PETROL for the purchase. The receipt is visible in the “My History” menu of the Mobile Application.
  8. The car wash coupon is valid for 24 hours, counted from the time of the purchase or invoice.
6.4.4    Purchase of food and beverages and other goods and digital content from the Hip Shopping section (hereinafter referred to as “Hip Shopping”)

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

  1. Select the “Hip Shopping” option.
  2. When the GPS location is not available, the User should select the desired point of sale with “Hip Shopping” where the User intends to collect the ordered products on the map.
  3. When a GPS location is available, the closest point of sale with “Hip Shopping”, which the User can manually change, is automatically selected.
  4. If the User selects the location of an individual event (e.g. Stožice, Planica, etc.) within the Hip Shopping 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 authorized PETROL point of sale at the Event. 
  5. 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.
  6. 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.
  7. When purchasing food displayed in the Mobile Application from the “FRESH Offer”, 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.
  8. 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 CONFIRM button.
  9. 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. Otherwise, the User will not be able to submit an order for the purchase of these products.  After confirming the cart, the User confirms the desired location of the PETROL point of sale and the desired collection time for the products and can add a note if necessary. In the Mobile Application, the offered product collection time is the first possible time when the User can collect the products, and the User can change the collection time within a one-day time frame, which is determined according to the working hours of the selected location of the PETROL point of sale. 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 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. Before entering the PIN code or pressing the CONFIRM button, the User can cancel the contracting process or change the order.
  10. 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.
  11. 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.
  12. 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.
  13. 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 “My History” menu 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 “Hip Shopping” 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 the 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.

The Consumer User has the right to notify PETROL within 14 days of receiving the remotely purchased products that they withdraw from the contract regarding the purchase of these products, without having to provide a reason for their decision (hereinafter: “Withdrawal from the contract” or “Withdrawal period”). In order to exercise the right of withdrawal, the Consumer must, by an unambiguous statement, inform PETROL of their decision to withdraw. The User can report the withdrawal from the contract through the “MOJ PETROL” Portal on the My Orders tab by selecting the Return Announcement link in the line with the corresponding order number, where the User can access the Withdrawal Form, or by sending a properly completed Form from withdrawal from a distance contract, which forms an integral part of these General Terms as Annex 1 or other unambiguous statement of withdrawal from the contract, with a copy of the receipt or other proof of purchase attached, to podpora.strankam@petrol.si, with the wording “for PETROL NA POTI”. The withdrawal from the contract can also be communicated by the User on the free-phone number, 080 22 13. In order to provide proof of withdrawal from the contract, we recommend that the User submits a written statement of withdrawal. The User is deemed to have submitted the statement of withdrawal in a timely manner if they send it within 14 days from the receipt of the product that is the subject of withdrawal from the contract in accordance with the applicable 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 piece of goods if the subject of the contract is several pieces 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. 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 NA POTI”. 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 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:

  1. 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;
  2. For goods that are made according to the Consumer’s precise instructions and tailored to their personal needs;
  3. For goods that are perishable or expire quickly;
  4. For the provision of services, which obliges the Consumer to pay if PETROL fully performs the contract and 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;
  5. For the supply of sealed audio or video recordings and computer programs, if the Consumer has opened the security seal after delivery;
  6. For the supply of newspapers, periodicals or magazines, except in the case of subscription contracts for the supply of such publications;
  7. 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;
  8. For the supply of goods that are inherently mixed with other objects;
  9. 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;
  10. Concluded at public auctions;
  11. Where 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;
  12. 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;
  13. 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 submitted a certificate in accordance with paragraph six of Article 132 of the ZVPot-1 or paragraph two of Article 133 of the ZVPot-1.

In the event of a withdrawal from a contract where 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 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 Hip Shopping 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 in Article 6.2.4 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.

6.5.    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.

6.6.    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 and offer of Alcoholic Beverages is prohibited in accordance with the applicable Restrictions on the Use of Alcohol Act to:

  • 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 that 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 and the purchase of 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.

Notwithstanding the preceding paragraph, the sale of spirit drinks in hospitality facilities is prohibited from the start of the operating time until 10 am. The prohibition of sale also includes adding spirit drinks to non-alcoholic beverages and other beverages. 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.

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 organizer of the Event.

7.    Warranty, statutory guarantee for the compliance of goods, irregularities in the performance of services, statutory guarantee for the digital content or digital service and 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.

If you wish to claim the warranty, you can do so directly with the Guarantor or with the authorised repairer indicated on the warranty certificate. For detailed instructions on how to claim the warranty, please refer to the warranty certificate enclosed with the goods. 

When claiming a warranty from PETROL, which only applies in cases where PETROL is the issuer of the warranty, the User shall be obliged to make a declaration or submit a duly and fully completed Form for exercising the buyer’s rights under warranty or the non-compliance of goods, services or digital content, which, as Annex 2, forms an integral part of these General Terms, in which the User’s findings that the goods are not functioning or are non-compliant and their request that the non-compliance be rectified are recorded, and the warranty certificate and a copy of the receipt are submitted. The User must allow PETROL or an authorised repairer to inspect the goods. 

Exceptionally, the User may also submit their warranty claim to PETROL for goods for which the manufacturer is the Guarantor and that have been purchased from PETROL, in which case PETROL only acts as the User’s agent in the sense that PETROL only submits the User’s warranty claim to the manufacturer or to the manufacturer’s authorised repairer, if the latter is indicated on the warranty certificate, for resolution in the name and on behalf of the User. The User also hereby authorises PETROL to accept, on behalf of and at the expense of the User, the manufacturer’s response or decision regarding the warranty claim and to send it back to the user. PETROL assumes no responsibility for the resolution of the user’s warranty claim and shall not be liable for any damages related to the resolution of the user’s warranty claim by submitting the user’s warranty claim and the manufacturer’s response in this way. For the purpose of the method of submitting a warranty claim by PETROL described in this paragraph, the User is obliged to complete the Form for exercising the buyer’s rights under warranty or the non-compliance of goods, services or digital content, which forms an integral part of these General Terms, as Annex 2 hereto, or, if the User is asserting a warranty claim on the basis of their own declaration, to sign a declaration confirming that they are aware of and agree to the rights and obligations set out in this paragraph. The User is obliged to allow the manufacturer or the authorised repairer listed on the warranty certificate to inspect the goods for which the warranty claim is made. The User further acknowledges that the statutory time limit for the resolution of their warranty claim shall start to run on the date on which PETROL, on behalf of and at the expense of the buyer, delivers the warranty claim to the manufacturer or the authorised repairer listed on the warranty certificate and the buyer has given PETROL the opportunity to inspect the item in respect of which the User is making a warranty claim.  The User acknowledges that they are obliged to indemnify PETROL for any damages and costs incurred by PETROL as a result of the User’s assertion of an unfounded warranty claim.

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

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

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: 

  1. They correspond to the description, type, quantity and quality, and have the functionality, compatibility, interoperability and other characteristics as required in the sales contract;
  2. 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;
  3. They are supplied with all accessories and instructions, including installation instructions, as set out in the sales contract; and
  4. 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: 

  1. 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; 
  2. 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; 
  3. Be supplied with such accessories, including packaging, installation instructions or other instructions, as the Consumer can reasonably expect to receive, where applicable; and 
  4. 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
  • The 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.

Where 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 appears 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 service within a certain period, Petrol shall be liable for any non-compliance of the digital content or digital service 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. A 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 appears 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 appears 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:

  1. Request the seller to restore compliance free of charge;
  2. 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 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.

Where repair or replacement of the goods is necessary to restore compliance, the Consumer must make the goods available to the seller. Where replacement of the goods is necessary to restore compliance, Petrol shall take back the replaced goods at its own expense. Where goods that were installed in accordance with their nature and purpose before the non-compliance appeared 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 appears 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. Where 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 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 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 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

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

  1. 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;
  2. 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;
  3. 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
  4. 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:

  1. 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 applicable, where no sector-specific technical standards exist;
  2. Be supplied with all the accessories and instructions that the Consumer can reasonably expect to receive, where applicable; and
  3. 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 service; and
  4. Be of such 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. Where 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, where 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 the 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 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 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 has 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 appears 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 was compliant at the time of supply if the non-compliance appears 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 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 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 of the non-compliance of the digital content or digital services. 

The Consumer may request 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 it 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 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 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 digital content or digital services; or
  • Petrol has stated, or it is apparent from the circumstances, that Petrol will not restore the compliance of 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 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 are 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 indent 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 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 point 2 of Article 2 of Regulation 2015/2120/EU or includes a number-based interpersonal communication service.

7.4.    Procedure for claiming non-compliance or material defects

The User and/or the Consumer User must notify PETROL of the non-compliance of the goods, digital content or irregularity in the service provided, together with a detailed description thereof, preferably by completing the Form for the exercise of the buyer’s rights under warranty or the non-compliance of goods, services or digital content, which forms an integral part of these General Terms as an Annex hereto, and by providing a copy of the receipt or by providing information that identifies the purchase and specifies the goods. The User may exercise their rights under the guarantee for the compliance of goods or material defects if they notify PETROL of the non-compliance or material defects in the goods, digital content or irregularity of the service provided within the statutory time limit. The User must allow PETROL or PETROL’s agent or an authorised repairer appointed by PETROL to inspect the goods, the digital content or the service provided.

If goods or digital content supplied on a tangible medium are sent for inspection by post due to the existence of non-compliances or material defects, they must be properly protected and prepared for safe transport. Goods or digital content delivered on a tangible medium can be returned by post to PETROL d.d., SDC Zalog, Zaloška cesta 259, 1000 Ljubljana, marked “for PETROL NA POTI”. Personal return is also possible at the same address, every weekday from 7 am to 3 pm.

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 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 toll-free 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 from 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 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 of a 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, 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;
  • 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;
  • 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 are 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, 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, 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 processes 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 corrections, supplementing or deleting 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.

The request for enforcement of the rights referred to in the first paragraph of this item may be fulfilled by the User by a written request sent to the address: PETROL d.d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana, for the attention of the DPO.

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.    Retention period for 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 individually, 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 about the processing of personal data by PETROL can be found in the Petrol d.d. Privacy Policy, published on the website http://www.petrol.si/gdpr/politika-zasebnosti or accessible at PETROL points of sale.

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 “NA POTI” 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. 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 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-license 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 complaints regarding the operation of the Mobile Application and the purchases made through the Mobile Application to http://www.petrol.si/povej or directly to the sales staff at the PETROL points of sale. In the complaint, the User must accurately describe the behaviour or error against which the complaint is being lodged, and if the complaint is related to purchases made, they must attach a copy of the receipt to the complaint. The complaint-handling process is confidential.

Possible disputes shall be settled by PETROL and the User amicably, or if this is not possible, the competent court in Ljubljana shall have jurisdiction to settle the dispute.

PETROL does not recognise out-of-court consumer dispute resolution contractors as competent to resolve a consumer dispute, arising from these General Terms, which could be initiated by the User as a consumer in accordance with out-of-court consumer dispute legislation.

The link to the Online Consumer Dispute Resolution platform can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL.

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. 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 shall be prevented or limited to the User. 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 to the General Terms. In this case, the User will have the option of returning the credit in accordance with Article 4.1. of these General Terms, as is the case with the cancellation of registration.

These General Terms shall be published on 25 January 2023 and shall apply from 26 January 2023. From the date of application of these General Terms, the following shall cease to apply:

  • General Terms of Use for the “NA POTI” Mobile Application, valid from 5 August 2022.


In Ljubljana, on 25 January 2023.

General Rules for the Use of the Mobile Application NA PUTU

I. GENERAL PROVISIONS

General Rules for the Use of the Mobile Application NA PUTU (hereinafter: The General Rules), PETROL d.o.o., Zagreb (the City of Zagreb), Savska Opatovina 36 , VAT N. (OIB): 75550985023 (hereinafter: PETROL), shall define the obligations, rights and conditions of use of the mobile application NA PUTU (hereinafter: mobile application).

These General Rules apply to any updates and/or new versions and/or any other changes to the mentioned mobile application.

If the user of the mobile application wants to use a physical or virtual Petrol loyalty card when using the application, (hereinafter: Loyalty Card) or a Grey Business Card (hereinafter: Petrol business payment card), they must be the owner of the Petrol Club card or the owner of the Petrol business payment card. The use of the Loyalty Card is governed by specific general rules. The general rules for the use of the Loyalty Card are available on the website www.petrol.hr.

These general terms for the use of the mobile application NA PUTU are published on the website www.petrol.hr .

Article 2 (Basic Terms)

The terms used in these General Rules have the following meanings:

For the purposes of these General Rules, a smartphone or a tablet means a device that allows the installation and running of advanced applications not supported by ordinary phones. Smartphones or tablets enable more advanced possibilities to access the internet, multitasking, connectivity and the use of advanced features.

The mobile application allows users to view goods/services at PETROL’s points of sale, the purchase of certain goods/services from PETROL’s remote range and review the status of golden coupons and points. The offer of goods/services that can be paid for or purchased through a mobile application is visible in the mobile application. The provider and holder of the rights to the mobile application is PETROL.

PETROL Club Member is a natural person who is the user of a Petrol Club Loyalty Card.

The PETROL club account includes data on the member of the Loyalty Card who receives all the benefits.
Internet or mobile store is a digital form of distribution of applications and is intended for users to secure, i.e. install software applications while enabling the transfer of mobile applications to smartphones.

Password for accessing the mobile application allows logging into a mobile application and is set by the user.
 

The Payment Gateway allows you to pay with commonly used credit and debit cards, such as MasterCard, Visa and PayPal.

The credit consists of funds transferred by the user to the card or received by the user from the issuer of the Petrol Club loyalty card as a benefit and is used for payment at the issuer's points of sale, as defined by the General Rules of the “PETROL CLUB LOYALTY CARD” loyalty programme.

QR code is an optically machine-readable representation of data related to the subject to which it is linked. It can be a matrix or a two-dimensional bar code (e.g. QR code, EAN code or another unique identifier) by which PETROL will designate goods/services at the point of sale that can be purchased through the mobile application.

Fire Protection Insurance – the mobile application may be used for the purchase/payment of energy products and for washing vehicles but only for passenger and commercial vehicles in order to ensure fire protection. The mobile application may not be used for the purchase/payment of energy products and for washing vehicles with no cabin (e.g. bikers, tractor drivers, drivers of convertibles, cyclists, etc…) or if you are a pedestrian. PETROL may, for business or fire protection reasons, set quantitative limits for individual refuelling or the purchase of fuel.

Article 3 (Technical Requirements and Mobile Application Download)

Depending on the type of smartphone or tablet and availability, the user may download the mobile application through online or mobile application stores in the manner and under the conditions established for the selected internet online stores:
-    Apple iOS: App Store
-    Google Android: Google Play Store
-    Huawei: Huawei AppGallery.

Downloading and using the mobile application shall be free of charge for the user, while the possible costs of the transmission of data depend on the user’s selected operator. Applications can be downloaded and used on both domestic networks and abroad (roaming).

For the download and use of the mobile application, PETROL recommends an LTE or 3G network or a fixed electronic communications network. Downloading and using the application is possible in 2.75G (Edge) but, in this case, the mobile application will be downloading for a longer time and will run slower.
 
The mobile application runs on the operating systems iOS 10 and newer (Apple) or Android 5.0 and newer (Google). Due to the technical limitations of earlier operating system versions, certain applications are unavailable and these functions do not work properly or cannot be displayed.
 
 

Article 4 (Registration, Login and Cancellation)
Registration and login

By registering, the user creates their own account and gains the ability to log in to the application. To log in to the mobile application, the user needs a user account, which they create during registration by entering the basic data (email address, country, password) that is required there.

By logging into the mobile application, the user can access the features of the mobile application as described in more detail in Article 6 (Use of the Application) of these General Rules.

By ticking the appropriate box in the mobile application during registration, the user confirms that they have carefully read the General Rules in force and that they agree with them and fully accept them, thus confirming that they have reached the age of 18 and fulfil the other conditions for using the mobile application established by these General Rules.

If the User is also a User of a Loyalty Card, they may link it with the user account by entering the following into the application:
-    barcode number of the card and residence address.
In the mobile application, the user can request the issuance of a virtual Petrol Club loyalty card and the associated Petrol Club account.
In this step, the user enters the basic data (first and last name, country, address, mobile phone, gender) further required for the issuance of the Petrol Club loyalty card.

After successful registration in the mobile application and the acceptance of these General Rules, the user may use the application and review paid bills for services provided through the mobile application and the benefits acquired, i.e. GOLDEN VOUCHER and GOLDEN POINT.
Mandatory data is necessary for further log-in procedures and communication with the registered user during business, as well as for other forms of processing in accordance with the purpose and legal basis, marked with an asterisk or a note that the field is binding. If the user does not wish to submit mandatory data during the registration of the user account, they will not be able to successfully complete the registration process, and thus create a user account and use the mobile application.

Cancellation of registration or the alienation of a phone/computer

In case of the misappropriation of the user's phone or cancellation of the registration, the user may cancel their user account by sending a written notification to the address PETROL d.o.o., Zagreb, Savska Opatovina 36, 10000 Zagreb, with the indication “cancellation of registration” or by sending a message to the e-mail address klub.hrvatska@petrol.hr with the indication “cancellation of registration”.

The user account and virtual card will be deactivated after the final confirmation of deactivation of the user account. It is not possible to cancel the cancellation of the user account, but the user may create, i.e. register a new account in accordance with these general conditions.

If the validity of the user’s physical or virtual Loyalty Card that they have associated with the mobile application expires, the user will no longer be able to use the mobile application with the additional features defined in these general conditions related to the Loyalty Card. In this case, the user will be able to use the mobile application without the benefits and additional functions related to the Loyalty Card.

Article 5 (The Means of Payment and Payment in General)

Payment procedure using a supported payment card

During the purchasing process through the mobile application, the application offers the user the default means of payment that the user last selected for the purchase of specific service/goods. The user can replace their default means of payment with any other means of payment offered in the mobile application. The user may add/remove means of payment in the mobile application in the manner defined in these general conditions.

The user makes a purchase by selecting a means of payment and pressing the CONFIRM button to confirm the order of the goods/service with the obligation to pay, thus concluding a sales contract between PETROL and the user. In the phase of order CONFIRMATION, the user can suspend the purchase process and contracting process by clicking on the appropriate button in the application.

After confirming the purchase, the user can no longer cancel it unless the specific type of goods/services is otherwise specified in these general conditions.

The general conditions in force at the time of confirming the purchase/submission of an order using the mobile application shall apply to the payment process.

The procedure for adding and storing a supported payment card

During the process of purchasing goods/services that are available in the application, the user, when selecting the means of payment, may add the payment cards listed in these general conditions by entering the basic information on the payment card necessary for payment (number of the card, name on the card, card validity, CVV or CVC number).

In order to check the validity of the card, PETROL shall make a preauthorisation of the user’s payment or credit card. When adding a payment or credit card, the user may be directed to their bank's secure channel for linking payment cards (the bank's website or mobile application for payment confirmation). If the card is successfully added, it is stored in the form of a chip in the background system of the Payment Gateway through tokenization. Tokenization is obligatory if the user wants to pay for goods/services in the mobile application using any means of payment, except in the case of the mBills mobile wallet and Petrol Club loyalty payment card. Based on the chip created by tokenization, the mobile application can make subsequent payments without the user having to re-enter all of their card information and collect basic incomplete card information for the display of data in the application due to the more transparent selection of means of payment. The created chip is not usable outside the mobile application's background system. All information about the user's card and the transaction itself is securely stored in the selected Payment Gateway system and cannot be accessed by PETROL.
 
After the user enters the payment card information into the mobile application, data protection (payment card number, security code, date of validity, etc.) shall be ensured by the Payment Gateway using Drop-in Payment UI technology, i.e. Hosted fields that securely download all this information through the iframe system.

When adding credit and payment cards as a means of payment in the mobile application, all the steps are taken by the Payment Gateway, which means that PETROL is not in contact at all with the credit card information and related transaction. Subsequent credit card payments are made according to the Tokenization system in accordance with these general conditions, as explained above.

Depending on the agreement between the user and the issuer of the means of payment, in certain cases, tokenization can mean that the payment confirmation, i.e. the entry of a security password is not necessary when using the tokenized means of payment, which is why PETROL recommends that users ensure the adequate protection of the phones and tablet-computers on which they have the mobile application installed.

Supported means of payment

The means of payment that allow payment in the mobile application are defined and described below.

Petrol Club cards

By owning a Petrol Club loyalty card, the user becomes a member of the Petrol Club, and thus also a user of the Petrol Club account that can be linked to the mobile application. In this way, the user gains the opportunity to use the mobile application to realise the benefits available to members of the Petrol Club and defined in the General Rules of the “PETROL CLUB LOYALTY CARD” loyalty programme.

Petrol Club loyalty card

The user may choose a valid Petrol Club loyalty card as a means of payment, provided that the user has paid the appropriate amount of funds onto their Petrol Club loyalty card, i.e. into its associated Petrol Club account, which must be greater than or equal to the value of the order of goods/services for successful payment.
The user can only make payments to their Petrol Club loyalty card in cash, i.e. by paying in cash, at the issuer's physical point of sale.

The user may pay funds to their Petrol Club loyalty card by selecting the “Petrol Club” item in the application, which opens a screen displaying the EAN bar code of their Petrol Club loyalty card and the associated Petrol Club account. The user presents the EAN bar code of the Petrol Club loyalty card to the seller at the point of sale of PETROL, who reads it and pays the user the amount of money received. The maximum amount of funds that can be paid to the Petrol Club loyalty card and all other rights and obligations of the user related to the funds are defined in more detail in the General Rules for the use of the Petrol Club loyalty card.

Disbursement of the paid funds to the user (e.g. to a bank account, in cash) is not possible. The use of funds is only possible when purchasing goods/services at PETROL points of sale, or certain goods/services offered by PETROL via a remote mobile application.

  In the menu of the mobile application, the user can edit and add Petrol business payment cards by entering
  basic information about the payment card that is necessary for the payment: company tax number (type A, V, D and O) and card PIN)).
  For the successful addition of type A, V, D and O Petrol business payment cards, pre-authorisation is required
  by the card administrator on the website of the company where the card holder is employed. Authorisations for type A, V, D and O Petrol business payment
  cards are edited on the B2B portal in the business card application, under the Authorisations tab within the application NA PUTU. The administrator shall enter there the e-mail address (username) used by the employee to log into the application
  NA PUTU. In this way, the administrator approves the use of the Petrol business payment card in the application NA PUTU for an
  individual employee.
 The user can delete payment cards saved in the application at any time. This option is available on
  the list of means of payment; when selecting the saved card settings, the option “Remove the card” appears.
 

Other means of payment, i.e. cards:

In the mobile application, you can add the following payment cards as means of payment:
-    MasterCard
-    MasterCard Debit
-    VISA
-    VISA Debit
-    VISA Electron

A payment card must have an online shopping feature that depends on an agreement between the payment card issuer and
the user. Limits, method of use and payments by credit card are exclusively the subject of the agreement between  
  the card issuer and the user.

Petrol business payment cards

The user who has a Petrol business payment card added to the mobile application can purchase goods and/or services as specified in the General Rules for the use of the Petrol business payment cards, which are available on the website www.petrol.hr/poslovna-rjesenja/poslovne-kartice. For payments with the Petrol business payment card, the user does not receive benefits to which the physical users are entitled to as owners of Petrol Club cards.
 
The user who uses the application for private and business purposes must be careful to select and confirm the correct means of payment before confirming the purchase, as subsequent changes to the means of payment after the payment has been made are not possible.  

Payment with Petrol grey business payment cards (type A, V, D or O)

The user may choose a valid Petrol grey business payment card as a means of payment when purchasing goods/services depending on the available limit mutually agreed between the user and PETROL, which must be greater than or equal to the value of the order of goods/services for a successful payment.
The user can only use the Petrol grey business payment card for the payment of fuel, for which a security password (PIN code) must always be entered, regardless of the amount of fuel purchased.  

Security of payments with a payment card

PETROL provides all the necessary technological and organisational solutions for the complete security of purchase. The transfer of personal and other transaction data on a website shall be carried out in secure mode via the Secure Sockets Layer (SSL) protocol. The information is encoded and transmitted to PETROL's server in a secure format. The system thus prevents the interception of personal and other transactional data of the user that is sent to the online store/mobile application. Secure authorisation and transactions with payment and credit cards, as well as forwarding services, shall be provided by Payvision in accordance with its terms of business and the 3D secure 2.0 protocol, or another method of strong client authentication determined by the issuer of the means of payment. Card authorisations are made in real-time through the instant checking of data in the banking system. The security of the purchase shall be ensured by complying with all the applicable legal obligations.

Article 6 (Use of the application)
Unregistered user

The unregistered user has the following (limited) functions of the mobile application at their disposal:
-    the ability to view PETROL's points of sale on the map and their details (opening hours, contact
information, navigation)
-    the option to view instructions for using the mobile application
-    the ability to report the malfunctioning of the mobile application.

A logged in user who is a Loyalty Card user and who has a Loyalty Card linked to the mobile application

In addition to all features available to an unregistered user, a registered user who is a Loyalty Card user and has linked a loyalty card to a mobile application under the section “Petrol Club” has the following mobile application functions at their disposal, which allow:

-    an overview of the benefits on their Petrol Club account
-    an overview of the number of Golden Points on their Petrol Club account
-    a display of Loyalty Card bar codes
-    display of the amount of funds paid to their Petrol Club account.

The use of the application for the purchase of energy products

Before they start using the mobile application, the user logs in and establishes their exact location (by using the GPS function on a smartphone or tablet computer) and confirms the designation of the fuel dispensing site, i.e., PETROL’s point of sale that allows purchases through the mobile application. It is possible to establish and confirm the fuel dispensing site by scanning the code at the spot or by manually entering the PETROL fuel dispensing site/point of sale code into the mobile application. PETROL is required to mark (for example, with a QR code, EAN code or other unique identifier that can be photographed with mobile application and/or entered manually into a mobile application)
 
the fuel dispensing sites/points of sale with energy products that allow purchase via mobile application.
In the next phase, the mobile application user selects the means of payment, confirms the use of the selected means of payment or paid funds and enters the appropriate security password (PIN code) or confirms the purchase by pressing the CONFIRM button. By entering and confirming the security password (PIN code) or pressing the CONFIRM button, a sales contract between PETROL and the user, subject to payment obligation, shall be concluded. Before entering a security password (PIN code) or pressing the CONFIRM button, the user may suspend the contracting process and/or modify the order.
In the case of the purchase of energy products, the user gives their express consent that PETROL shall have the right, from the stage of confirming the means of payment up to and including entering a security password (PIN code) or pressing the CONFIRM button, to check the user's personal limit on the use of the chosen means of payment and to notify them when exceeding it before refuelling begins.
In case of exceeding the limit of use of the chosen means of payment, the user will not be able to use the mobile application for payment for energy products at a given time at a given PETROL point of sale. The limitation of the amount of a one-time purchase, i.e. payment, is related to the approved limit of use of an individual user, which has been determined by the issuer of the means of payment in agreement with the user. If the chosen means of payment has not been used, the user will be able to pay the amount of the purchase through the mobile application only up to the amount of the usage limit of the chosen means of payment. This step implies that in certain cases, depending on the settings of the issuer of the means of payment, the user must additionally confirm the transaction via the website or mobile application of the issuer of the means of payment. If the user fails to complete the confirmation of payment at the request of the issuer of the means of payment, they will be invited to pay for the energy product at the cash desk of the PETROL points of sale. In the next phase, the user will be acquainted with the quantity of goods refuelled and taken over, i.e. the selected energy product, and with the price shown to them at the actual fuel dispensing site, i.e. the aggregate, before the conclusion of the contract, as well as the related exact amount of the purchase price. The user is obliged to get acquainted with the above information and confirm their understanding, after which PETROL will deliver an invoice to them in electronic form. The receipt is visible in the “My History” menu of the mobile application.

If the user leaves the point of sale after the conclusion of the contract and before the completion of the purchase process for any reason, PETROL is obliged to charge the user for any unpaid amount, i.e. to initiate enforcement proceedings and other legal procedures to secure its own rights and legal position. When it comes to energy products, PETROL can also set a quantitative limit on individual purchases for fire protection reasons.

Purchasing Coffee to Go:

1.    Select “Coffee to Go”.
2.    Scan the QR code on the right edge of the coffee machine or manually enters the number below the QR code.
3.    Select the desired beverage in the mobile application.
4.    The user selects the means of payment and confirms the use of the means of payment or paid funds. This step implies that in certain cases, depending on the settings of the issuer of the means of payment, the user must additionally confirm the transaction via the website or mobile application of the issuer of the means of payment.
5.    Confirm the pouring of the beverage by pressing the “Pour” button in the mobile application or by selecting the beverage on the coffee machine with the obligation to pay, thus concluding a sales contract between PETROL and the user. In the phase that precedes pressing the “Pour” button in the mobile application or selecting a drink on the coffee machine, the user may suspend the process of concluding the contract by not confirming the payment and pouring of the selected drink.
6.    In the next phase, PETROL will provide the user with the invoice in electronic form. The receipt is visible in the “My History” menu of the mobile application.

Use of the application for the purchase of vehicle washing and vacuum cleaner chips:

The user can pay for vehicle washing using the following procedure:
1.    Select “Vehicle washing”.
2.    Confirm the location as determined by the mobile application using a built-in GPS device, or scan the QR code or manually enter the number of the car wash that is displayed below the corresponding QR code.
3.    Select the desired wash (XXL, XL, L or M) and the desired number of vacuum chips.
4.    The user selects the means of payment and confirms the use of the selected means of payment or paid funds and confirms the purchase by pressing the CONFIRM button, with the obligation to pay. By pressing the CONFIRM button, a sales contract between PETROL and the user, subject to payment obligation, shall be concluded. This step implies that in certain cases, depending on the settings of the issuer of the means of payment, the user must additionally confirm the transaction via the website or mobile application of the issuer of the means of payment. Before pressing the CONFIRM button, the user may suspend the contracting process and/or modify the order.
5.    The mobile application generates a six-character code and displays it on the mobile application screen, along with the number of chips. The user also receives the six-character code via SMS.
6.    The user shows the obtained code and the number of purchased virtual tokens to the manager of the car wash.
7.    Immediately after confirming the purchase of one of the selected washing methods (XXL, XL, L or M) or the purchase of vacuum chips, PETROL provides the user with an invoice for the completed purchase in electronic form. The receipt is visible in the “My History” menu of the mobile application.

Digital collection of loyalty stickers:

Members of the Petrol Club can also collect stickers in digital form, for purchases via the mobile application NA PUTU. Fuel payments, orders and payments for products in Hip purchases, and car wash payments are counted as purchases via the application NA PUTU.
Only purchases made entirely through the application NA PUTU and for which you receive a digital receipt visible in the application NA PUTU under “My history” shall be counted.

Payment with the EAN code of the digital Petrol Club loyalty card or the Petrol Club payment loyalty card, which you show at the cash deck of the point of sale and receive a printed version of the receipt, does not count as a purchase via the application.

Article 7 (Contacts, help and additional questions)
Article 8 (Limitation of liability)

In no case shall PETROL take responsibility for or offer guarantees to the user regarding the possible non-functioning, i.e. inability to use the mobile application, but it will endeavour to enable the smooth running of the mobile application. This provision does not relieve PETROL from liability for damages it causes to the user, for which it would be liable in accordance with the law governing consumer protection and other applicable regulations.

Independent external services and applications shall be used to display certain functions in the mobile application. For the purposes of using these services, the terms of use of an external service, as determined by the owner of the service or application, shall apply and, in this regard, PETROL shall assume no liability and offer no guarantees. PETROL shall also not be responsible for the form and content of data obtained through internet links that are not owned by PETROL.

PETROL shall not be responsible for occasional interruptions in the operation of the mobile application, the possible inaccuracy of information, as well as for possible damages and/or loss of revenue. Therefore, PETROL shall not be responsible for any damages resulting from e.g. access to information, the use or inability to use information, or for errors or inadequacies in their content.
The data in the mobile application shall be used for informational purposes only, due to which PETROL assumes no responsibility for errors in the content and the correctness and accuracy of published data that
may have resulted due to a time mismatch, input errors or other unforeseen causes.

PETROL shall not be responsible for possible errors and damages resulting from the forwarding of incorrect data
and/or other activities from the user's side, e.g. when registering or logging into a mobile application.

PETROL also reserves the right to change, add or remove content posted in the mobile application at any time without prior notice. All users use all posted content at their own risk; whereby, they must also ensure that they have adequate data protection on their smartphone or tablet and that they have adequate protection of the smartphone or tablet on which they downloaded the mobile application and on which they use it.

PETROL may, according to its own assessment of business reasons, discontinue providing the mobile application, of which it must promptly notify the users.

Article 9
(Upgrades and new versions of the mobile application)
Due to technical or functional upgrades of the mobile application, PETROL reserves the right to publish new versions of the mobile application. The user will be notified of the new version of the mobile application either through the mobile application itself or through the store from which the mobile application was downloaded or the mobile application will be automatically updated on the smartphone or tablet, depending on the settings of the user's smartphone or tablet.

Article 10 (Personal data)

a)    Identity and contact details of the controller

b)    Types of personal data

As a part of the use of the NA PUTU mobile application, PETROL d.o.o. only processes the personal data provided by the Users of the application to Petrol d.o.o. upon Registration and Login, when communicating with Petrol d.o.o. and data collected while using the application.

PETROL d.o.o. processes the following data:

1.    first name, last name, number of mobile phone, e-mail address and date of birth of the application user

2.    the Petrol loyalty card bar code number and the residence address of the application user who has
 
linked the loyalty card to the mobile application

3.    location of the application user when using the application

4.    data on transactions, if the Application User conducts transactions through the application, namely:

-    type of transaction

-    date and time of transaction

-    point of sale

-    receipt code

-    amount spent

-    method of payment

-    information about the product or service purchased and the quantity

c)    The purpose of personal data processing and the legal basis for processing

1.    PETROL will process the personal data referred to in point b) of this Article for the purpose of:

-    registering application users and recording application users as Application Users,

-    perform all actions necessary to enable the use of the application and fulfil
the obligations that arise from the use of the application for PETROL d.o.o.

-    proper operation of the application

-    contacting the application user in case of complaints

-    the unhindered purchases of services that can be bought through the application

-    implementation and review of payment transactions

-    checking potential inconsistencies in making payments and misuses related thereto and
other violations of these General Rules

-    ensuring compliance with the Payment Services Directive PSD2 in the area of user authentication by the bank, or another institution that issues a means of payment.

The provision of such personal data is necessary for registering users in the application and for using the application. The User is obliged to provide this information to Petrol d.o.o. because they will otherwise not be able to use the application and all of its functionalities.

The processing of personal data for these purposes is necessary for the use of the application that is the subject of these General Rules and for the fulfilment of the rights and obligations of PETROL d.o.o. related to the use of the application. Therefore, the legal basis for processing personal data for these purposes is Article 6 (1)(b) of the General Data Protection Regulation (processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract).
 
In addition, the legal basis for processing personal data for the purposes of conducting and reviewing payment transactions and for checking possible inconsistencies in the execution of payments and misuses related thereto, and other violations of these General Rules is also Article 6 (1)(f) of the General Data Protection Regulation (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party), since the legitimate interest of PETROL d.o.o. is the prevention of any misuse of loyalty cards or other violations of these General Rules and the occurrence of possible material damage to Petrol d.o.o. or to loyalty card users.
2.    On the basis of the specific written consent of the Application User, PETROL d.o.o. shall process the personal information of the Application User referred to in item b) of this Article for the purpose of:
-    profiling the Application User for the preparation of customized offers of goods and services using e-mail, SMS, MMS, telephone or traditional mail
-    direct marketing and notifying the Application User of the Issuer's offers, promotional sales and other benefits, as well as other changes or news
-    conducting market research on the quality of products and services and the need for additional products or services.
-    sending push messages in accordance with the push message settings within the application or the smartphone or tablet settings;
-    ensuring compliance with the PSD2 Directive on payment services in the area of user authentication by a bank or other institution that issues means of payment.

The legal basis for processing personal data for these purposes is Article 6 (1)(a) of the General Data Protection Regulation (the data subject has given consent to the processing of their personal data for one or more specific purposes).
This processing of personal data involves profiling but not automated decision-making.

d)    The recipients or categories of personal data recipients

PETROL d.o.o. handles personal data carefully and prevents access by unauthorised persons. In certain cases, due to individual examples of processing that PETROL d.o.o. does not perform on its own, the personal data of the Application User may be provided to contractors—external processors who process the data on behalf of, for the account of, under the instructions of and under the supervision of Petrol d.o.o. (affiliates, distribution partners, marketing agencies, printing houses, software owners, etc.)

In addition to external processors, PETROL d.o.o. shall have the right to provide the personal data of the Card User and the state authorities on the basis of their reasoned written request for the purpose of conducting the specific procedure and in the cases of the Card User's request or upon their written notice.

e)    The period for which the personal data will be stored

The personal data referred to in this Article shall be kept until the cancellation of the use of the application by an individual User or, in the case of processing personal data based on the User's special consent, until the User submits a request for the deletion of personal data. Upon the cancellation of the use of the application by an individual User, the personal data of that User shall be deleted within 15 days, unless such data
 
must be stored for a specified period in accordance with the applicable regulations (e.g. tax regulations, consumer protection regulations, etc.). In this case, the stored data will not be used for other purposes.

f)    Rights of the application user

The application user has the right to:

-    request access to collected personal data related to them at any time from PETROL d.o.o., or request confirmation of whether PETROL d.o.o. processes their personal data and the list of that personal data

-    request the rectification or deletion of collected personal data at any time from PETROL d.o.o.

-    request the restriction of the processing of collected personal data at any time from PETROL d.o.o., to object to the processing of collected personal data related to them and to the automatic adoption of individual decisions, including the creation of profiles (if any)

-    withdraw consent for the collection and processing of personal data related to them at any time. The withdrawal of the consent does not affect the lawfulness of processing that was based on the consent before it was withdrawn. Consent shall be withdrawn by notifying PETROL d.o.o. in writing of the said withdrawal at the address Savska Opatovina 36, Zagreb or via e-mail to: zop@petrol.hr

-    in relation to the processing of personal data relating to them, lodge a complaint to the supervisory authority

-    receive personal data related to them, which will be provided by PETROL d.o.o. at any time in a structured, commonly used and machine-readable format, and to transfer this data to another controller without interruption by PETROL d.o.o.

These rights may be used by the Application User under the conditions and within the scope of Articles 15 to 22 of the General Data Protection Regulation.

Notwithstanding the application of these rights, the personal data of the Application User may be processed within the scope of any other possibly given consents and if there is another legal basis for processing within that basis in accordance with Article 6 of the General Data Protection Regulation.

The User may submit the request for the application of the rights referred to in paragraph 1 of this item in writing to the address PETROL
d.o.o., Zagreb, Savska Opatovina 36, with the indication “For the person authorised for the protection of personal data” or by sending an e-mail to: zop@petrol.hr.

In case of the use of the User's rights in relation to the objection to data processing, withdrawal of the authorisation, request for the restriction of processing or the deletion of personal data, which results in the cessation of sending notifications to the User, PETROL d.o.o. will stop sending further notifications to the User no later than 15 days following the receipt of the complaint or the change of data in the User’s settings on websites. If the information campaign was ready before the complaint was processed or the settings changed, the possibility remains that the User will still receive a last notification. PETROL d.o.o. shall ensure the use of other rights within the time limits prescribed by the applicable legislation concerning personal data protection. If the Application User requires the deletion of personal data that is necessary for the use of the application, PETROL d.o.o. will cancel/block/disable the use of the application after deleting the personal data.

g)    Changes of data
 
In case of a change of personal data referred to in item b) 1 of this Article, the user is obliged to inform PETROL about the changes within 30 days of their occurrence, in writing, to the following address: PETROL, Otok, Savska Opatovina 36, 10 000 Zagreb (the City of Zagreb), through the PETROL website or via the mobile application.

Petrol will take into account any change in the personal data of the user delivered by regular mail within 15 days from the date of receipt of the written notice, or immediately in case of a change of personal data through PETROL’s website or the application.

Article 11 (User’s obligations)

The user shall be responsible for all activities carried out using their account. In case of the unauthorised use of the data or reasonable suspicion of unauthorised access to data, the user shall be obliged to notify PETROL thereof without delay, as defined in Article 4 of these General Rules. PETROL shall not be liable for any damage suffered by the user due to the misuse or unauthorised use of the user account or password by a third party with which they are registered, i.e. logged into the mobile application. The user undertakes to use the mobile application in accordance with these general rules and conditions declared to supplement these conditions, to ensure the secrecy and security of passwords and to follow the rules and notices published on the website www.petrol.hr.

The mobile application user agrees not to use the application for any illegal purpose or for a purpose contrary to these general rules. It shall not be permitted to use the mobile application in any way that could damage, disable, overburden or harm the mobile application or PETROL, as well as third parties and their assets.

In accordance with this obligation, the user specifically undertakes to follow all notes on the security of mobile application use at points of sale forwarded by PETROL.

When forwarding feedback and suggestions related to the mobile application NA PUTU, the user warrants to PETROL that they are the holder of the relevant rights or licenses on the basis of which they properly dispose of the forwarded material and/or other information.

In case of the unauthorised use of a username or password, the user is obliged to notify PETROL thereof via the e-mail address klub.hrvatska@petrol.hr . PETROL has the right, in the event of unauthorised use and/or other misuses while accessing or using the application by users or other persons and/or in the case of doubts concerning the misuse of a password, to take any measures and other activities that it deems necessary, at its own discretion, for the protection of its own rights and interests and/or for the protection of the rights and interests of customers and/or users and/or for the protection of the rights and interests of other persons (e.g. denying access to the application…).

Article 12 (Intellectual property rights)

All data, images and other information covered by the mobile application are the subject of the copyrights and related rights and industrial property rights of PETROL d.d., Ljubljana, Slovenia, as defined by the applicable law governing the protection of copyrights and related industrial property rights.
 
By transferring or registering in the mobile application, the user acquires a non-transferable and non-exclusive right to use the application solely on their smartphone. The right of use referred to in this paragraph shall apply exclusively for non-commercial purposes. PETROL does not, thereby, transfer any other material copyrights or industrial property rights to the user, nor does it grant them the right to use trademarks, logos or entire graphic representations whose owner or holder is PETROL. For example, a user may not make copies of the mobile application, place the application on a server or another platform, rent mobile applications or assign sub-licenses for their use, process or otherwise affect the operation of the mobile application.

Article 13 (Complaint Handling and Dispute Resolution)

The user may lodge a complaint concerning the operation of the mobile application and purchases made through the mobile application at the online address www.petrol.hr/petrol-klub or directly to the staff at PETROL’s points of sale. In their complaint, the user must describe in detail the procedure, i.e. the error concerning which they are lodging the complaint, and if the complaint is related to the purchases made, they must enclose a copy of the invoice with the complaint.

PETROL and the user shall settle any possible disputes amicably. If that is not possible, the disputes will be resolved before a competent court.

IV. FINAL PROVISIONS
Article 14 (Transitional and Final Provisions)

These General Rules shall enter into force on the day of their publication on the website
https://www.petrol.hr/aplikacija-na-putu and Petrol’s intranet portal.
If the user does not accept the new, amended or supplemented general conditions, the use of the mobile application will be disabled or restricted.

In Zagreb, 10 August 2022

General Terms of Use for the Petrol Club Loyalty Card

I.    General provisions
Article 1
(Content of these General Terms)

These General Terms of Use for the Petrol Club Loyalty Card (hereinafter: the "General Terms"), which form an integral part of the completed Application Form, govern and define: fundamental concepts, procedure for obtaining the Card, use of the Card, loss, theft, or misuse of the Card, permanent or temporary limitation of the right to use the Card, complaints, protection of personal data, changes to data, and the validity and termination of these General Terms.

Article 2
(Fundamental concepts)

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

The Issuer is PETROL d.d., Ljubljana, with registered offices at Dunajska cesta 50, 1000 Ljubljana, registration number: 5025796000, tax ID number: SI80267432 (hereinafter also: "Petrol").

The Card is the Petrol Club Loyalty Card and a Partner Petrol Club Loyalty Card. The Card is an instrument by which the Cardholder can obtain additional benefits provided by these General Terms, when purchasing the goods or services provided by the Issuer. The Card is the property of the Issuer.

The Petrol Club Loyalty Card is also one of the identifiers for registering in the My Petrol or On the Way mobile applications. The Terms of Use and Functionality of the applications are defined in the General Terms of Use for the ON THE WAY Mobile Application with the PETROL Club Loyalty Card and the General Terms of Use for the Portal and the MY PETROL Mobile Application, and are supplemented by these General Terms.

Benefits that the Cardholder can obtain, are Golden Points, Golden Vouchers, a certain amount of credit, discounts, additional benefits, etc.

The Golden Voucher is a discount credit that the Issuer transfers to the Cardholder's Card as a voucher, which, in accordance with these General Terms, the Cardholder may redeem in subsequent purchases at the Issuer's service stations in the Republic of Slovenia.

The Holder of an Associated Card is the holder of a basic or additional Card, which is connected by the Issuer at their request, and with the consent of the holder of the basic Card, in the manner and according to the procedure specified in these General Terms.

Authorised point of sale is a legal or natural person engaged in an economic activity, which accepts card payment transactions as a form of payment.

POS terminal is an electronic reader at an authorised point of sale, intended for the electronic transfer of data between the payment point and the processing centre.

The Application Form is the form completed and signed by the Applicant, i.e. the potential Cardholder, who at the same time, consents to these Terms and membership of the Petrol Club. These General Terms form an integral part of the Application Form. The completed and signed Application Form, together with these General Terms, represents a valid agreement between the Cardholder and the Issuer. The signed Application Form is proof of the conclusion of the Petrol Club Loyalty Card Agreement.

Price List is the Issuer's list of pricing services, published on the Issuer's website.

II.    Procedure for obtaining the Card
Article 3
(Conditions and procedure for obtaining the Card)

The Card Applicant can be any natural person aged 15 years or older who fulfils other conditions specified by the Issuer.

By signing the Application Form, the Applicant confirms that they are acquainted with these General Terms, and that they fully agree with them.

Upon receipt of the Application Form, the identity of the Applicant shall be verified by an authorised person at the acceptance point, by looking at their identity document and at the same time, verifying the information provided on the Application Form. In so far as the information is complete and correct, the authorised person shall confirm and accept it with their signature, and then send it to the Issuer's registered office. Otherwise, and if the Applicant refuses to show their identity document, the authorised person shall reject the Application Form as incomplete.

With all the above prerequisites, the Issuer shall consider the received Application Form and decide on the issue of the Card in its sole discretion. The authorised person shall not be obliged to justify its decision.

Based on the Issuer's approval of the issuance of the Card, the Issuer issues and submits the Card to the Cardholder, either at the acceptance point itself, or sends it by post to the Cardholder's address indicated on the Application Form. The Cardholder shall be obliged to sign the Card using a ballpoint pen immediately upon receipt. An unsigned Card shall be invalid, and the Cardholder shall bear all the costs and damages that would result from an unsigned Card.

Article 4
(Conditions and Procedure for connecting the Card)

The Cardholder can, on request, i.e. by completing the Form published by the Issuer on the website: www.petrol.si, initiate the procedure for connecting Cards, for the purpose of collecting or redeeming Golden Points and/or additional discounts. In addition to the request, the following prerequisites must be fulfilled for the processing of the request by the Issuer:

  • The Cardholders must consent to the connection - there shall be no connection between Cardholders who do not give their consent;
  • The Cardholders provide the Issuer with all the relevant information required in the Form.

Upon fulfilment of all the prerequisites, and the approval by the Issuer, Golden Points are collected by one of the Cardholders listed on the form as the Carrier (hereinafter: the Carrier). Golden Points may be redeemed by any Holder of an Associated Card, in accordance with these General Terms.

It is not possible to combine Golden Vouchers obtained by Holders of Associated Cards; They may use these vouchers in accordance with Article 8 of these General Terms.

Discounts are collected by the Carrier. Discounts may be redeemed in accordance with these General Terms by the Cardholder who has obtained the discount, or by any Holder of an Associated Card with the consent of the Cardholder. The Cardholder shall notify the Issuer in due time of any withdrawal of the consent referred to in this paragraph.

Holders of Associated Cards are able to see each other's personal information:

  • Information about each purchase: amount, information about purchased items/services;
  • Information on obtained and redeemed benefits.

Each of the Holders of an Associated Card may request disassociation of the Cards, by which they are disconnected from the hitherto connected Cardholders and the Carrier. If the disassociation is requested by the Carrier, the entire associated group of Cardholders shall be disassociated. The Issuer shall recognise all collected Golden Points upon disassociation, only to the Carrier, while the disassociated Cardholders have a Golden points balance of zero on their Cards. Collected Golden Vouchers and discounts shall remain with the Cardholder, who obtained the discount or the Golden Voucher.

All other provisions of these General Terms shall apply mutatis mutandis to Holders of Associated Cards, unless otherwise specified.

III.    Use of the Card
Article 5
(Non-transferability of the Card)

The Card is non-transferrable, misuse of the Card is punishable by law.

Article 6
(Validity of the Card)

The Card is valid until the last day of the month, listed on the My Petrol online user portal (hereinafter: My Petrol); This information can also be obtained through the Petrol Call Centre on the-toll free number 080 22 66.

The Cardholder can at any time cancel these General Terms and the Application Form in writing, with a 1-month notice period, but shall reimburse the Issuer for the costs of issuing the Card, in accordance with the applicable price list. The Issuer shall remove the Cardholder from the list of Cardholders upon receipt of the written cancellation, and upon expiry of the cancellation period.

Notwithstanding the provision of the preceding paragraph, the Cardholder may withdraw from these General Terms and the Application Form in writing within 15 days from the date of signature or the approval of the Application Form by the Issuer.

Upon receipt of a new Card, the Cardholder must immediately destroy the old Card.

In the event that the Cardholder does not receive the new Card by the date of expiry of the old Card, they must immediately inform the Issuer thereof.

Article 7
(Golden Points)
Cardholders are credited with Golden Points as soon as they make a purchase, obtaining one Golden Point for each Euro spent, with no subsequent entry of Golden Points.
Golden Points shall not be credited in:
-    The purchase of "Coffee to go" with coins at the coffee machine;
-    Payment of universal payment orders (UPNs) at service stations;
-    Purchase of Petrol Gift Cards;
-    Purchase of tobacco, tobacco products and related products; and
-    Purchase of other products and services in special campaigns, which shall also be exempt by publication in sales catalogues, leaflets, or directly at the location of the product.
The Cardholder shall be able to redeem the Golden Points for various limited-time offers in the Petrol Club.
In accordance with this Article, Golden Points are also credited for purchases where the Cardholder has used the credit on the Petrol Gift Card upon payment (in whole or in part).
Golden Points may also be credited to Cardholders by the Issuer in various campaigns or sweepstakes.
In the event of loss of the Card, the Cardholder may submit a written request to the Issuer, accompanied by appropriate supporting documents, clearly showing the number of the lost Card and the balance of the Golden Points (such as an invoice issued in the month prior to making such written request). Upon the fulfilment of the conditions from this paragraph, the Issuer shall credit and record the Golden Points to a new Card, in so far as they have not been redeemed up to the cancellation of the Card.
Golden Points are collected within the current benefit period, which begins every year on 1 January and ends on
31 December of the current year. Golden Points collected during that period may be redeemed by the Cardholder no later than 31 January of the following calendar year (hereinafter referred to as the Expiry of the Period). Collected and not redeemed Golden Points are not transferable to the next benefit period, and are deleted at the end of the benefit period.

Article 8
(Golden Voucher)

By purchasing items specified and labelled by the Issuer, Cardholders may receive a Golden Voucher, i.e. credit in the form of a certain value discount, expressed in euros (EUR), credited by the Issuer to the Cardholder and recorded on the Cardholder's Card. Golden Vouchers can be collected every year from 1 January to including 31 December. Golden Vouchers may be redeemed by Cardholders in any subsequent purchase, which must be made at the Issuer's service station in the Republic of Slovenia, by the end of the period. Golden Vouchers collected this way are automatically credited to the Card, and no cash payment of the collected Golden Vouchers is possible.

In accordance with this Article, Golden Vouchers are also credited for purchases where the Cardholder has used the credit on the Petrol Gift Card upon payment (in whole or in part).

Unredeemed Golden Vouchers acquired in the period from 1 January to 31 December are deleted from the Cardholder's Card, and therefore can no longer be redeemed from the Issuer (this also applies to the transfer of Golden Vouchers defined in this Article).

In the event of loss of the Card, the Cardholder must submit a written request to the Issuer, accompanied by appropriate supporting documents, clearly showing the number of the lost Card and the balance of the Golden Vouchers (such as an invoice issued in the month prior to making such written request). Upon the fulfilment of the conditions from this paragraph, the Issuer shall credit and record the Golden Vouchers to a new Card (Petrol Club Loyalty Card or Petrol Club Loyalty Payment Card), in so far as they have not been redeemed up to the cancellation of the Card.

Golden Vouchers can be redeemed together with the collected Golden Points to purchase certain goods or services previously specified by the Issuer in the catalogue, or in the purchase of any other goods at a service station in the Republic of Slovenia.

If the Cardholder wishes to return the goods for which they have received Golden Vouchers due to material defects, in the event that they request a refund of the purchase price instead of eliminating the defect in the goods or refund of the purchase price in proportion to the defect or replacing the goods with new flawless goods, the purchase price shall be refunded to the Cardholder and the Golden Vouchers obtained with the purchase shall be deleted.

To the Cardholder who redeems a Golden Voucher in the purchase of a product, which they later return due to material defects, the corresponding Golden Voucher is refunded in addition to the refund of the paid purchase price. This paragraph shall apply mutatis mutandis to the partial refund of the purchase price in proportion to the material defect (e.g. 20% of the redeemed Golden Voucher shall be refunded upon the refund of 20% of the purchase price).

It is not possible to combine Golden Vouchers, for example, by joint collection, as provided for Golden Points in Article 4 of these General Terms.

It is not possible to offset the obligations of the Cardholder towards the Issuer with the Golden Vouchers collected.

This Article shall apply mutatis mutandis to all other credits expressed in euro (EUR) credited by the Issuer to the Cardholder.

Article     8.a
(Additional Benefits)

The Issuer shall allow the Cardholder to collect and redeem Additional Benefits from the applicable sales campaigns by the Issuer (hereinafter: Additional Benefits). The provisions of Article 7 shall apply mutatis mutandis to redeeming Additional Benefits.

Article 9
(My Petrol Portal)

The Issuer shall provide all Cardholders with access to the My Petrol web portal. After successfully registering into My Petrol, which Cardholders can complete on the www.petrol.siwebsite, Cardholders will be able to access information about their business with the Issuer (e.g. review of issued invoices, the balance of Golden Points and Golden Vouchers…).

Article 10
(Card handling)

The Cardholder is responsible for the safe storage and proper use of the Card so as to prevent misuse, loss, or theft of the Card, to the fullest extent possible. In particular, the Cardholder must ensure the following:

  • The Card may not be folded, exposed to excessive heat, or otherwise (physically) damaged;
  • The Cardholder must keep the Card in such a way and place as to prevent as much as possible any loss, theft, or other unjustified alienation and misuse of the Card, and the consequent occurrence of any material damage (e.g. always keep the Card in and under control);
  • The Card may not be lent or made available for use to third parties by the Cardholder;
  • The Cardholder must not let the Card out of their sight during each use.

The Cardholder shall also be obliged to follow other instructions, warnings, or tips issued by the Issuer, either published or reported directly to the Cardholder.

Failure to comply with the Card's due diligence requirements set out in these General Terms in this Chapter, shall be considered a violation of these Terms and gross negligence in meeting the Card's due diligence and Card security features.

IV.    Loss, theft, or misuse of the Card
Article 11
(Obligation of the Cardholder)

If the Cardholder:

  • loses the Card,
  • suspects that the Card has been stolen,
  • suspects that the Card has been misused by third parties, but the Card has not been lost or stolen (cases of card forgery or misuse of card information),

they must inform the Issuer thereof as soon as they learn or should have learned of the event referred to in the previous paragraph, but no later 24 hours after the event.

The Cardholder shall inform the Issuer of the loss, theft, or any other misuse by telephone (number: 080 22 66).

Article 12
(Obligation of the Issuer)

Immediately upon receipt of the Cardholder's notification or report, in which they must provide the Card number to the Issuer, the Issuer shall cancel or block the Card and notify the points of sale.

The Cardholder must not use the blocked Card and must destroy it immediately.

On the basis of a written request of the Cardholder and an attached invoice issued in the last month prior to the submission of such written request, the Issuer shall issue a new Card to the Cardholder.

Article 13
(Finding the Card after filing the report)

In the event that the Cardholder finds the Card after having already filed the report under Article 11 of these General Terms, they must no longer use the Card and must destroy the Card immediately.

Article 14
(Repeated loss or theft, costs)

In the event of repeated loss or theft of the Card, the Issuer shall re-issue the Card according to the valid price list of the Issuer, published on the www.petrol.siwebsite, or the Issuer shall refuse such an issue.

Article 15
(Coverage of damages)

In the event that the use of the Card has not been authorised by the Cardholder (loss, theft, or misuse), the Cardholder shall bear any damages incurred up to the moment when they have submitted the report under Article 11 of these General Terms to the Issuer and provided the Issuer with all the necessary information for blocking the Card.

Damages caused to the Cardholder as a result of a stolen, lost, or misused Card, shall be borne by the Issuer from the moment of the Issuer's receipt of the report.

If the Card is used as a result of the Cardholder's fraud, willful misconduct, or gross negligence, the full damages shall be borne by the Cardholder.

V.    Permanent or temporary limitation of the right to use the Card
Article 16
(Reasons)

The Issuer reserves the right to temporarily or permanently limit or revoke the right to use the Card in the following cases:

  • When the Cardholder violates applicable law and/or the provisions of these General Terms, or attempts to do so, or allows for the infringement of a third party;
  • Objectively justified reasons related to Card security;
  • Suspected non-authorised or fraudulent use of the Card;

The Issuer reserves the right to exercise control over the ordinary course of business of the Cardholder, and to monitor suspicious transactions in order to prevent the risk of Card misuse.

Article 17
(Card withdrawal at point of sale)

The Card may also be withdrawn by staff at an authorised point of sale in the event of suspected misuse or prior listing in the list of cancelled/invalid cards, or under the instructions of the Issuer.

VI.    Complaints
Article 18
(Complaint handling)

All complaints regarding material defects in the delivered goods and/or services provided shall be claimed by the Cardholder at an authorised point of sale. The responsible person and the competent department of the Issuer shall cooperate in resolving the complaint.

Complaints related to a particular transaction, as well as any other disputes regarding the issue and use of the Card, shall be resolved by the competent department of the Issuer.

In resolving all complaints, the Issuer shall comply with the applicable regulations governing consumer protection.

VII.    Protection of personal data
Article 19
(Processing of 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.

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

To obtain the Petrol Club Loyalty Card, the Cardholder must provide Petrol with their personal information: first and last names, residence address, mobile number, e-mail address, date of birth, and tax number.

Petrol shall process the above information for the purpose of:

  • Contacting the Cardholder for the smooth use of the goods or services subject to these General Terms;
  • The provision of goods or services subject to these General Terms, and the conclusion of an agreement with the Cardholder;
  • Cardholder's registration,
  • The execution and review of payment transactions, any inconsistencies in the execution of payments, and related abuse and other breaches of these General Terms.

In addition to the mandatory information, the Cardholder may also provide Petrol with information that is not obligatory for the conclusion and exercise of the rights or obligations under the Loyalty Card, and which the Cardholder voluntarily provides to Petrol:

  • Information relating to the Cardholder: gender, landline telephone number, mailing address;
  • Cardholder's habits, such as: type of fuel used by the vehicle, average annual mileage, regular service, type of energy used by the Cardholder for heating their home, type of real estate they reside in;

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

  • Profiling Cardholders to prepare personalised offers of their goods and services through the use of email, SMS, MMS, telephone, or traditional post;
  • For direct marketing regarding product and service offerings, sales, benefits, and other changes or novelties;
  • Conducting market research on the quality of products and services, and the need for additional products or services.

Based on presenting the Petrol Club Loyalty Card for individual purchases, 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. In the event that 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.

Data changes

In the event that the personal data referred to in the second paragraph of Article 19 changes, the Cardholder must notify Petrol of the change within 30 days, in writing to the following address: Petrol d.d., Ljubljana, Dunajska c. 50, Ljubljana, through registration in the My Petrol portal, in the My Petrol application, or through an application form obtained on the website and at points of sale. In the event that the Cardholder does not change or report the changed information, the Issuer may revoke or withdraw the Card.

Petrol shall take into account the change in the information provided by ordinary post within 15 days from the date of the written notification, and in the case of change of information through the website or through the application, immediately. Changing the Cardholder and transferring any credit to another person is only allowed with the consent of the Cardholder and the person to whom the transaction in question is transferred.

If the Issuer is required to issue a new Card due to the changed information of the Cardholder, the Cardholder must destroy the old Card in accordance with these General Terms.

In the event of issuing a new Card, the Issuer may charge the associated costs to the Cardholder at the applicable price list of the Issuer, published on the www.petrol.si website.


Rights of the Cardholder

The Cardholder may, at any time, request confirmation that Petrol processes 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 Cardholder 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 corrections or supplementing or deleting 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.

The request for enforcement of the rights referred to in the first paragraph of this item, may be fulfilled by the Cardholder by a written request sent to the address, PETROL d.d., Ljubljana, Dunajska cesta 50, 1000 Ljubljana, for the attention of the DPO.

In the event of the exercise of the Cardholder's rights regarding the objection to the processing of the data, the withdrawal of consent, the request to limit the processing or deletion of personal data, which result in the prevention of the notification to the Cardholder, Petrol shall prevent the notification within 15 days from the receipt of the objection or change of the Cardholder's settings;

However, if the notification campaign was prepared before the objection was processed or the settings changed, it is possible that the Cardholder 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.

In the event that the Cardholder requests the deletion of personal data that is necessary for the provision of the contractual obligations, the Issuer shall cancel the Card after deleting the personal data.

Users 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 individually, the Cardholder'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 www.petrol.si/gdpr/obdelovalci-podatkov.

In addition to external processors, Petrol also provides the Cardholder's personal data to the 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 Cardholder.

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 revoked.

More about the processing of personal data by Petrol can be found in the Petrol d.d. Privacy Policy, published on the website www.petrol.si/gdpr/politika-zasebnosti, or accessible at the Petrol points of sale.

By signing the Application Form, the Applicant confirms the accuracy of all the personal data stated above, and accepts these General Terms under material and criminal responsibility.

VIII.    Final provisions
Article 20
(Publication of the Terms)

The applicable General Terms are published on the following website: www.petrol.si.

The same shall apply to any amendments to the applicable General Terms resulting from an amended business policy of the Issuer, or applicable law.

Article 21
(Rights of the Cardholder upon entry into force of the amended or new General Terms)

The publisher reserves the right to change these General Terms at any time. The obligation to notify the amendment is fulfilled by proper publication of the General Terms on the website. Any amendment to the General Terms shall enter into force on the day of its publication on the website, but shall apply from the 15th day after its publication, unless otherwise provided for by applicable regulations.

Due to the amended General Terms, the Cardholder may cancel the Agreement by submitting a written cancellation within 15 days from the date of validity of the General Terms, with a notice period of 15 days, bearing all costs incurred by Petrol. In the event that these General Terms have been amended to comply with binding regulations, the Cardholder shall not be entitled to withdraw from the Agreement due to changes in the General Terms. The Cardholder agrees that, upon the effective date of the written cancellation (i.e. receipt of the written cancellation of the Cardholder and the expiry of the notice period), the Golden Points, Golden Vouchers, and any other collected and not redeemed benefit, shall be deleted.

Article 22
(Dispute resolution)

Based on these General Terms, the Issuer does not recognise out-of-court consumer dispute resolution contractors as competent to resolve a consumer dispute that could be initiated by the consumer in accordance with out-of-court consumer dispute legislation.

Possible disputes shall be settled by the Issuer and the Cardholder amicably, and if this is not possible, the competent court shall have jurisdiction to settle the dispute.

Article 23
(Entry into force)

These General Terms shall enter into force on the day of their publication on the website, and shall apply from the 15th day after their publication.

With the implementation of these General Terms, the previous General Terms of use for the Petrol Club Loyalty Card of 13 October 2013, shall cease to apply.


Published on 24 May 2018
PETROL d.d., Ljubljana

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