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When purchasing Products on the tadejpogacar.com online store (herein after: (“Platform”) as a Consumer from the European Union (hereinafter: “EU”), this distance contract (hereinafter: “Terms of Sale” or “Terms”) shall apply, whereby the following legal entity shall be deemed as the seller of goods and the provider of the Platform:

NA KLANCU d.o.o.

Registered Business Address: Brodišče 9, Trzin

City Code / City: 1236 Trzin

Country: Slovenia, Europe

E-mail: [email protected]

(hereinafter: “ NA KLANCU d.o.o.,” “Seller,” “we,” “us,” or “our”)

Please read these Terms of Sale carefully before ordering Products online on the Platform and check that the details of your order are complete and accurate before submitting your order.

Any mistakes or issues can be reported to us at tadejpogacar.com.

Your use of the Platform is also governed by NA KLANCU d.o.o.’s tadejpogacar.com/privacy and Terms of Use, which are both incorporated herein by this reference. 

MEANS OF DISTANCE COMMUNICATION

Please do not hesitate to contact us at [email protected] for any purchase related reason or any other reason, including because you wish to lodge a complaint.

If we have to contact you or give you a notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.

APPLICABILITY, ACCES AND UPDATES TO THESE TERMS OF SALE

These Terms of Sale are available to you on the following link: tadejpogacar.com/terms-conditions/

Please note that before placing an order and making a payment you will be asked to agree to these Terms of Sale.

These Terms of Sale represent a legally binding agreement between you and NA KLANCU d.o.o. which you enter into when you place an order and make a payment for a good that is being sold on the Platform (hereinafter: “Product”).

If you refuse to accept these Terms of Sale, you will not be able to order any Products from our Platform or make any payments related thereto.

We may revise these Terms of Sale at any time by amending this page. Please review this page from time to time to take notice of any changes we have made, as the Terms of Sale posted on the Platform at the time you place your order will govern that particular purchase on the Platform and shall be binding on you.

In case of any discrepancy or inconsistency between these Terms of Sale and any other information you may find on the Platform (including, but not limited to any information on our official support page: tadejpogacar.com), the terms and conditions set out in these Terms of Sale shall prevail.

We may also update other parts of our Platform from time to time and may change its contents at any time. We also reserve the right to restrict access to parts of our Platform or indeed the whole Platform, at our discretion.

OBTAINING A COPY ON A DURABLE MEDIUM

You may request that a copy of these Terms of Sale or the Terms of Sale which were applicable at the time you purchased a Product on the Platform be delivered to you by us on a durable medium. Please direct such requests to [email protected]

PLACING AND MENDING ORDERS ON THE PLATFORM 

Eligibility to place orders

To place an order on the Platform, you represent and warrant to NA KLANCU d.o.o., that you are:

– a natural person who is acting for purposes which are outside of his trade, business, craft or profession (hereinafter: “Consumer”), and

– that you are at least 16 years of age (or have reached the appropriate age with regards to your country-specific legislation) and thereby have the capacity to enter into the distance contract with NA KLANCU d.o.o. under these Terms of Sale, and

– you are not purchasing the Products for resale purposes (i.e. you do not intend to resale the Products to other businesses, consumers, or third parties).

If either condition is not met, we reserve the right to restrict sales to you.

How to place an order

By visiting our Platform and enabling functional cookies, the available Products we have on sale shall be displayed to you.

You can scroll through the Platform and click on Product images to get more information on each Product.

You can add the desired amount of each Product into your cart by selecting a bundle or discount option and clicking the “Add to cart” button in order to proceed to the check-out page.

On the check-out page you are required to enter your delivery information and choose the desired payment method.

You also get a chance to review all of the Products in your cart as well as their prices, the cost of shipping, the amount you are missing for free shipping, see the total price that you shall be required to pay us and have the option to add more Products or offers to your cart.

You can then place the order by pressing the “Place order” button.

Our acceptance of the order takes place when the Products are shipped to you, whereby we will send you an email confirming that your Products have been shipped (hereinafter: “Order Confirmation”).

At this point you enter into a distance contract with NA KLANCU d.o.o. under these Terms of Sale (hereinafter: the “Contract”), whereby you may want to print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. 

If we are unable to supply a Product to you, we will inform you of this in writing and we will not confirm and process the order.

Failed delivery of your Order Confirmation

If you have not received an Order Confirmation email from us and a considerable amount of time (i.e. longer than 45 minutes) have passed since your placed your order, please try:

– checking your junk mail / promotions mail tab as your email software may be marking our emails as junk mail. To stop this from happening, please add sup [email protected] to your contacts / email address book); or

– contacting us at [email protected] and describing the situation to our support staff.

How to mend an error in an unplaced order

The Platform will guide you through the steps you need to take to place an order and make a payment to us.

Should you desire to mend an error with regards to the contents of your cart, you can always remove a particular Product from the cart by reducing its amount to 0 or by pressing the “-“ button next to the relevant field.

You can also change any data you have entered in the check-out page or return to the previous part of the check-out process by pressing the “Back” button of your web-browser or by clicking on the company logo or menu in the upper part of the Platform.

How to mend an error in an order you have already placed

You may mend any order provided it has not yet been shipped for delivery. We begin processing orders placed on our Platform almost immediately.

Should you recognize an error in an order you have already placed, you should contact us at [email protected] as soon as possible. If the order hasn’t left our warehouse yet we may still mend your order.

If you wish to cancel your order, please see the Cancelling your order prior to delivery section of these Terms of Sale.

Our right to reject your order or cancel the Contract

Despite our constant efforts to ensure that accurate quantities of all offered Products are listed on the Platform, our fulfilment of all orders on the Platform is subject to Product availability and stock. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

PAYMENT

Payment methods

You can find the payment methods that are available to you on the check-out page, whereby NA KLANCU d.o.o. offers the following payment methods:

– cash upon delivery (whereby payment shall be made directly upon delivery of the ordered Products),
– credit cards (as listed on the check-out page),
– PayPal

We do not accept any methods of payment other than those explicitly listed above and available to you on the check-out page and we may not be held liable for any loss of payment or any other damages that may result from payments that are not made through the available methods and through the subsequent payment related input fields.

Cash on delivery (COD)

If you have chosen cash on delivery as your preferred method of delivery and payment on the check-out page (where such option is available):

– we have discretion to reject certain modes of payment;

– we only accept payments in the local currency; and/or

– should you not accept the order or make full payment at the time of delivery, we reserve the right to refuse to deliver / transfer the title on the Products.

Payment processing

The time at which you’ll be charged for your order will depend on the payment method you selected at checkout. Payments can only be processed if the billing information can be verified.  

If you pay by credit / debit card, we shall try to deduct the amount due from your account as soon as you submit your order. 

In the event that no payment has been received by us at the time you place the order, no Order Confirmation shall be generated and sent to your email and your order shall be deemed as cancelled.

Please note, that we retain full legal title in any and all Products until we have received full payment.

PRICES AND CURRENCY

All Products prices on the Platform include Value Added Tax (VAT) and are generally quoted in the Euro (EUR) currency. The amount of Value Added Tax (VAT) shall be displayed on the invoice.

Please note that changing the country of delivery may have an influence on the price due to a change in currency or due to country specific pricing. 

If you change the country of delivery on the check-out page to the United Kingdom, the Czech Republic (Česká republika), the Republic of Croatia (Hrvatska) or Hungary (Magyarország), prices from that moment forward shall be quoted in the local currency (i.e. Great British Pounds (GBP), Czech Koruna (Kč), Croatian Kuna (Kn), or the Hungarian Forint (Ft), respectively).

Costs of delivery

The cost of shipping the Products to your location (hereinafter: the “Costs of delivery”) are applied per order and are displayed on the check-out page and on the invoice. The Costs of delivery depend on the country where your order is being delivered to.

If your cart meets or exceeds the free delivery (also “free shipping”) threshold that is displayed and updated in real time on the check-out page, you will not be charged for the standard delivery of the Products in your order, whereby free shipping is offered for all orders, where the sum of the prices of the Products contained in the order meets or exceeds the amount listed on check-out page.

Other conditions may also qualify you for obtaining free delivery of your Products, if they are expressly stated on the check-out page at the time of your order being placed.

For details on the Costs of delivery, please see the Deliever & Treacking section of our Support page.

Your total price

The total price is specified on the check-out page and includes Value Added Tax (VAT) and the Costs of delivery. It is also recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. 

PRICE CHANGES

The prices of the Products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order for which you received our Order Confirmation.

DELIVERY

Delivering Products that are in stock to countries in the EU usually takes 3 to 7 business days, while delivering to the UK usually takes 2 to 7 business days.  

For Products not currently in stock, the delivery time may be up to 15 business days. 

We do not ship on certain public holidays.

Delivery of an order shall be completed when we deliver the Products to the address you gave us.

Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.

Products are shipped to you based on the information which you provide to us and you are responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by you then you are responsible for such breach.

Please note: these time frames are given for normal (i.e. non-pandemic) circumstances, whereby depending on your location and applicable regulations, there might be slight delays on top of regular delivery times should Events outside our control (i.e. Covid-19 lockdowns) occur.

Tracking code

After your order has been dispatched, you shall receive a message from us containing your delivery tracking code. This code will allow you to track the delivery of your Products (where such service is made available).

Please refer to the Delivery & Tracking section of our Support page for more information.

Failed delivery

If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the order has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice.

You may try reviewing the location of your order through the supplied tracking code or reviewing your email inbox for any delivery status messages from our carrier.

If you have further issues, please contact us at [email protected]

RETURNS & CANCELLATIONS

Cancelling your order prior to delivery

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately.

If you wish to cancel your order, please contact us at [email protected] as soon as possible. If the order hasn’t left our warehouse yet we may still cancel your order.

If cancelation of the order can be done by us at our warehouse (i.e. the order has not yet been handed to our carrier for delivery), we shall cancel the order and send you notification via email, whereby the cancellation will be free of charge and we shall return any payments you may have already paid us regarding the cancelled order.

If cancellation is not possible, the Products will be delivered to you and may be returned in accordance with the procedure set out below. 

RETURNING DEFECTIVE PRODUCTS

Defective Products

In addition to what your country-specific legislation prescribes, the delivered Products may be considered as lacking in conformity with regards to your order or otherwise (hereinafter: “Defective”), if you were delivered damaged Products or incorrect Products, if the Products do not have satisfactory quality, if the Products are not fit for the purpose that they were supplied for (as well as any specific purpose you made known to us and thereby guaranteed by us prior to the sale), or if the Products are not as advertised (i.e. not matching the description given to you, or any models or samples shown to you at the time of purchase).

Defective Products may be returned after you have received them as set out below.

Return request and stated remedy claim

If you would like to return a Defective Product, please reach out to us at [email protected] and describe the issue at hand, as well as state what your desired remedy is, whereby you may require that we (may freely choose a remedy regardless of the following order):

Should you wish to return a Defective Product, you should send us the above mentioned return request and stated remedy claim no later than 2 months after discovering such Defect, whereby under applicable country-specific legislations this period might be amended in the favour of the Buyer.

Under general EU Consumer Protection Legislation, we are liable to you for any Defect (lack of conformity) in a Product that becomes apparent within a minimum of two years from delivery of such Product, whereby under applicable country-specific legislations this period might be amended in the favour of the Buyer. The foregoing does not limit your statutory rights in any way.

If the Defect has been successfully remedied and if the remedy includes the Buyers receipt of a fixed or new Product, the above mentioned period of our Defect liability is fully renewed in the favour of the Buyer and shall be deemed as starting from the moment the Buyer received the remedied goods.

Please note that as of the time of drafting these Terms of Sale our Products do not have spare parts and we do not therefore provide spare parts to our customers.

When receiving your return request, we may also ask you to provide us with additional information (i.e. provide images of the faulty item) or proof of purchase (i.e. your Order Confirmation number, invoice number, etc.) prior to complying to or rejecting your request.

In situations where we shall not dispute the existence of the Defect, we shall notify you that we agree with the existence of the Defect in writing and shall carry out your requested remedy as soon as possible, whereby we might notify you that you are required to return the Defective Product to us and that we shall not (or are unable to) carry out the remedy prior to receiving the Product (i.e. we may refuse to offer you the refund before the Defective Product is received by us).

Should this be the case, please refer to the How to return Defective Products section of these Terms of Sale.

In situations where we shall dispute the existence of the Defect (and your requested remedy), we shall also reply to you in writing with our justification for doing so, whereby, regardless of whether we agree with the existence of the Defect or not, our written communication to you regarding the matter shall be sent no later than within 8 days from receiving your return request.

All accepted refunds shall include the full amount you paid for the Defective Product (i.e. the price of the Product including any and all taxes as well as the Costs of delivery) from the applicable Order Confirmation, whereby we shall also refund you the shipping costs you might have incurred due to our request, that the Defective Product be sent back to us.

You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed, or as specified by you in your refund request. The refund will be processed as soon as practicable but within 8 working days of the Defective Product arriving to us.

We do not accept packages sent with Collect on Delivery (COD).

How to return Defective Products

When seeking a refund, please see section RETURNING DEFECTIVE PRODUCTS of the Terms of Sale and contact us at [email protected] prior to sending us any Products.

When notifying you regarding our approval of your refund request and remedy claim, we shall specify, if we require that you return the Defective Product to us and we may refuse to offer you the refund before the Defective Product is received by us.

When this is the case, you should seal the Defective Product in a normal parcel and send it by ordinary post to our address at:

NA KLANCU d.o.o.,

Brodišče 9, Trzin

1236 Trzin

Slovenia – EU

We shall notify you immediately upon our receipt of the Defective Product and carry out your chosen remedy. If you require us to refund you in full, we shall transfer you the full amount you paid for the Defective Product (i.e. the price of the Product including any and all taxes as well as the Costs of delivery) from the applicable Order Confirmation, whereby we shall also refund you the shipping costs you incurred when sending the Defective Product back to us.

You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed, or as specified by you in your refund request. The refund will be processed as soon as practicable but within 8 working days of the Defective Product arriving to us.

We do not accept packages sent with Collect on Delivery (COD).

YOUR RIGHT OF WITHDRAWAL

Without having to state any reason whatsoever, you may exercise your statutory right of withdrawal and return the Product to us in exchange for a full refund.

You may do this by sending us an email (or letter / fax message) containing your clear and unequivocall intent regarding the withdrawal within 30 calendar days from the day the Product had been delivered to you or to a third party (as indicated by you and referring to the carrier), whereby if you have ordered multiple Products which formed one order but arrived in separate parts, within 30 calendar days after the last Product from that order had been delivered.

It is sufficient that you send such withdrawal notification to us before the stated withdrawal period ends. 

Should you choose to withdraw, you are required to return the applicable Products without undue delay to us no later than within 30 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.

We also have a statutory right to refuse your right of withdrawal for Products that have been made to your specification, or which have been personalised, or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, or where sealed Products have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

Please make sure that the Products you wish to return are not missing any parts (e.g. both items of a pair must be returned) and that they have not been used in any way other than what is reasonably necessary to decide their properties and if you want to keep them.

If you do not comply with the foregoing and the value of the Products you wish to return has diminished as a consequence of your unnecessary use, we can hold you liable for such diminished value by lowering the refund amount or, in extreme cases, rejecting your right of withdrawal entirely.

We shall reimburse to you all payments received in connection with the Products you are withdrawing from, including the Costs of delivery (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event no later than 14 calendar days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the Products back or until you have supplied evidence of having sent back the Products. 

You can also inform us that you want to exercise your right of withdrawal by way of a printed withdrawal from that you can find below and send it to our address, as stated in the previous paragraph:

(please copy the following form and replace the missing information marked with an * and post it to us if you wish and wish to withdraw from the contract)

To: NA KLANCU d.o.o.,Registered Business Address: Brodišče 9, Trzin, 1236 Trzin

City Code / City: 1236 Trzin,

Country: Slovenia, Europe

E-mail: [email protected]

I, (*please enter your name) hereby give notice that I am withdrawing from the contract of sale of the following goods ( * please state the items you purchased on our platform), ordered on the (*please enter the date on which you ordered the goods) and received on ( * please enter the date on which you received the goods).,

Name of the buyer ( * please enter your name)

Address of the buyer (*please enter your adress and contact infromation)

Signature the buyer (only if this form is to be sent via post and on paper),

On the: ( * Please enter the date of postage)

Withdrawal refund information

Should you wish to exercise your right of withdrawal and obtain a refund, please see section YOUR RIGHT OF WITHDRAWAL of the Terms of Sale or contact us at [email protected]

When returning the Products in connection with your withdrawal from this contract, you should seal the applicable Products in a normal parcel and send them by ordinary post to our address at:

NA KLANCU d.o.o.,
Brodišče 9, Trzin

1236 Trzin

Slovenia – EU

All withdrawal refunds shall include the full amount you paid for the Product including any and all taxes as well as the Costs of delivery (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) from the applicable Order Confirmation, whereby we shall not refund you the shipping costs you might have incurred when returning the Product back to us.

You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed, or as specified by you in your withdrawal notification or physical withdrawal form.

The refund will be processed as without undue delay and in any event no later than 14 calendar days from the day on which we are informed about your decision to exercise your right of withdrawal.

We may however choose to withhold the reimbursement until we have received the Products back or until you have supplied evidence of having sent back the Products. 

We do not accept packages sent with Collect on Delivery (COD).

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Platform resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Platform, outages on any internet network or in the case of mobile networks where you are not in an area of mobile coverage.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale, we will contact you as soon as reasonably possible to notify you and our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the distance contract if an Event Outside Our Control takes place and you no longer wish that we provide the Products, whereby the procedure for withdrawal from the contract should be used mutatis mutandis.

GENERAL TERMS

We reserve all rights, title and interests in our and our affiliates’ intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.

Breaching these Terms of Sale in a material and damaging way may make us take such action as we deem appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing our other sites, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to our Platform and/or bringing court proceedings against you.

Where necessary we will report any breach of these Terms of Sale to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and/or your personal information to them.

Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 

NA KLANCU d.o.o. does not manage and is not responsible for the information provided to it by third parties and that is accessible to the visitor through the Platform.

COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP

The associated software and content of the Platform, including all texts, graphics, logos, buttons, images, audio recordings and computer programs, are the exclusive property of NA KLANCU d.o.o. or its partners.

All databases (including their selection, organization and composition) that can be accessed on this Platform are also protected by copyrights.

Any unauthorized reproduction, modification, distribution, transmission, republication, display, or execution of the software or the content on the Platform is strictly prohibited.

PERMITTED USE

This Platform may not be used for any purposes other than for the following private and non-commercial purposes: (i) viewing the Platform; (ii) interacting with the buttons, contact forms and other aspects of the Platform in order to carry out a purchase, (iii) sharing and posting a link to the Platform.

The use of automated systems or software to extract data from the Platform for commercial purposes (“screen scraping”) is strictly prohibited.

COMPLAINTS AND DISPUTES

NA KLANCU d.o.o. has put in place an effective customer support system for resolving complaints, whereby any complaint may be sent to us via e-mail at [email protected], whereby you may also file an appeal against any decision or action we might make regarding your rights at the above mentioned adress or with your local consumer protection authority.

We shall confirm that the we have received your complaint in five working day and shall strive to resolve any dispute under mutually agreed terms.

If you feel your complaint or appeal has not been adequately addressed you can also use the Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr 

NA KLANCU d.o.o. has not officially named or engaged any mediators or out of court dispute resolution providers.

Under EU law, the competent court to decide over any disputes which may aries in connection with this distance contract shall be the court in which the buyer (consumer) lives, whereby the buyer (consumer) also has the right to file claims and legal proceedings with the consumer protection authority or court in the Republic of Slovenia.

Applicable since / Date of the Last Revision: 1st of May 2022

Signature of Tadej Pogačar

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