Article 9
9.1. a) Certification process and obtaining the CERTIFIED SHOP® LITE Trustmark (first level)
9.1.1. As part of the certification process, the Provider shall carry out a technical and hidden customer analysis of the Customer's online shop.

9.1.2. Within the technical analysis, the Provider verifies compliance with the technical standards by checking various parameters such as identification of the online shop owner, presence of legal acts, quality of content, etc. The results of the technical analysis have an impact on the final overall rating of the client's webshop.

9.1.3. In the context of the hidden customer analysis, the provider verifies the real experience of the 'hidden customer', who records his satisfaction with the purchase in the customer's online shop. The analysis focuses primarily on the trader's communication with the customer. A positive analysis of the hidden shopper is a prerequisite for the award of the Trustmark but does not affect the rating of the online shop itself. If the results of the hidden shopper analysis are negative, the provider shall send the customer a report on the results of the hidden shopper analysis and a recommendation for improvement. If the requirements of the provider are not met within the specified time limit, the certification shall fail.

9.1.4. In the event of an unsuccessful certification in accordance with the General Conditions (the Client has a negative evaluation of the mystery shopper analysis), the Client may apply for recertification. The Client will be informed subsequently by the Tenderer of the further steps and conditions regarding the possibility of recertification.

9.2. b) Successful certification
9.2.1. Upon successful completion of the certification process, the Client shall be awarded the CERTIFIED SHOP® LITE trust mark.

9.2.2. The Provider shall provide the Customer with the access data to the Shopper's Mind Intelligence Dashboard, a web-based tool containing JS scripts, namely a script for displaying the Trustmark with a link to the certifiedshop.com website and a script for collecting customer re-purchase surveys (hereinafter referred to as the "Script"). The Customer shall also receive an email with instructions on how to install the Script on his/her online shop. The Customer must install the Script within 30 days of receipt of the access details for the Shopper's Mind Intelligence Dashboard. The correct installation of the Script is a condition for the performance of the Contract.
Once the script has been installed, the CERTIFIED SHOP® LITE Trustmark will be displayed on the Customer's online shop. If the Client fails to install the script within the specified time limit, the provisions of Article 16 of these General Terms and Conditions shall apply and apply. 9.2.3. The Shopper's Mind Intelligence Dashboard shall make available to the Customer information relating to the fulfilment of the Certification Conditions and the evaluation of the Customer's online shop.

9.2.4. The Customer's online shop shall be published on the Provider's website www.certifiedshop.com under the heading 'list of online shops'.

9.3. c) Upgrade to the CERTIFIED SHOP® PREMIUM Trustmark (second level)
9.3.1. Once a Customer who has previously been awarded the CERTIFIED SHOP® LITE Trustmark has collected at least 50 post-purchase surveys (surveys of actual customers) and has carried out all the necessary analyses to ensure a positive rating and thus guarantee a safe shopping experience, the Customer shall automatically acquire the CERTIFIED SHOP® PREMIUM Trustmark on the online shop. The Customer may not opt-out of the automatic acquisition of the CERTIFIED SHOP® PREMIUM trust mark once the conditions for its acquisition have been met. 3.3.3. The Customer may not opt-out of the automatic acquisition of the CERTIFIED SHOP® PREMIUM trust mark once the conditions for its acquisition have been met.

9.3.2. By obtaining the CERTIFIED SHOP® PREMIUM Trustmark on the online shop, the final overall rating of the online shop obtained, ranging from 6.0-10.0, which is determined by the Provider according to the customer reviews obtained, the results of the technical analysis, the results of the hidden shopper analysis and other criteria, is also displayed on the certifiedshop.com website.
9.3.3. The online shop shall also be published as a new "premium retailer" on the Facebook profile of the provider Shopper's Mind. Ratings, reviews (verified, unverified) and active rating filters shall also be published on the Certifiedshop.com website.

9.3.4. From the automatic acquisition of the CERTIFIED SHOP® PREMIUM Trustmark onwards, the Customer shall be obliged to pay the costs of maintaining the CERTIFIED SHOP® PREMIUM Trustmark in accordance with and in the manner set out in the Provider's price list in force from time to time and in accordance with these General Terms and Conditions.

Article 10
10.1. In the event of unsuccessful certification or recertification in accordance with Article 9 of these General Terms and Conditions, the contractual relationship for the award and maintenance of the CERTIFIED SHOP® trust mark between the Provider and the Customer shall be deemed to have terminated. The termination of the contractual relationship shall not affect the rights and obligations of the contracting parties already fulfilled before the moment of termination of the contractual relationship.

10.2. In the event of successful certification or recertification in accordance with Article 9 of the General Terms and Conditions, the contractual relationship for the award and maintenance of the CERTIFIED SHOP® Trustmark between the Provider and the Customer shall be deemed to continue for a period of 1 (one) year from the date on which the Customer receives the notification of successful certification in accordance with these General Terms and Conditions.

10.3. During the period referred to in the preceding paragraph of this Article, the Provider shall provide the Customer with the services for the maintenance of the awarded CERTIFIED SHOP® Trustmark level in accordance with the General Terms and Conditions.

10.4. The Customer shall pay the Provider the price for the service for the provision of the maintenance of the awarded CERTIFIED SHOP® Trustmark level in accordance with the General Terms and Conditions according to the Provider's price list valid from time to time.

10.5. In the event of unpaid due obligations by the Customer, the Provider also reserves the right to suspend the display of the acquired trust mark (until all due obligations of the Customer have been settled).

10.6. The contractual relationship between the Customer and the Provider shall be automatically extended for a further period of one year if neither of the parties withdraws from the contract in writing or terminates the contractual relationship in accordance with the General Terms and Conditions not later than thirty (30) days prior to the termination of the contractual relationship.

10.7. Upon termination of the contractual relationship between the Customer and the Provider in accordance with the General Terms and Conditions, the Customer shall cease to have the right to use the CERTIFIED SHOP® Trustmark. Upon termination of the contractual relationship, the Provider shall prevent the Customer from using the CERTIFIED SHOP® Trustmark on its online shop.

10.8. The Customer must have settled all outstanding invoices. If the Customer's contractual relationship is terminated in the middle of a month/quarter in accordance with the General Terms and Conditions and the Customer has already settled the invoice for the current period, the Customer's trust mark shall be deactivated at the end of the current period.

Article 11
11.1.The Provider shall monitor, establish and verify the fulfilment of the conditions for maintaining the CERTIFIED SHOP® level of the CERTIFIED SHOP® Trustmark.

11.2. The Provider shall, as a rule, carry out a technical and hidden customer analysis once a year. The Provider may at any time carry out an extraordinary Hidden Buyer Analysis and shall comply with the General Terms and Conditions.

11.3. Within the scope of the CERTIFIED SHOP® PREMIUM Trustmark level, the final overall rating of the Customer's online shop may change on a daily basis depending on the customer reviews obtained.

11.4. During the contractual relationship, the Customer shall provide the Provider with the level of the trust mark to which it is entitled according to the achievement of the required criteria under these General Terms and Conditions.

11.5. The Provider shall continuously collect customer reviews of the Customer's online shop. The Customer expressly agrees to the conduct of post-purchase surveys as part of the contractual relationship. The Provider may also collect information from customers of the Customer's online shop about the name and price of the products purchased, based on the consent given by the Customer.

Article 12
12.1 The Customer is obliged to notify the Provider of any change in the Customer's data and contact details within 15 (fifteen) days of the change. The Customer undertakes to keep the email address of the Provider regularly updated so that it is always accessible to the Provider and to follow the notices published on the Provider's website.

12.2 The Customer shall be solely responsible for:

• for the use of the Provider's services in accordance with applicable laws and regulations,
• for the development, maintenance and content of its online shop,
• for receiving, processing and storing orders from its customers and for managing customer enquiries or complaints arising therefrom.

12.3. The Customer undertakes, to the extent assigned to it, to adequately secure its username and password for access to the Shopper's Mind Intelligence Dashboard online tool against unauthorised use. In no event shall the Provider be liable for the consequences of unauthorised use or misuse of the Customer's username or password.

12.4. The Customer is obliged to use the Provider's services in accordance with the applicable regulations and the applicable General Terms and Conditions.

12.5. If the Customer's conduct causes damage to the Provider, the Provider shall have the right to claim compensation from the Subscriber for the costs and damages incurred. At the same time, the Provider shall have the right to unilaterally withdraw from the Contract in writing without notice.

Article 13
13.1. The right to use the CERTIFIED SHOP® Trustmark in accordance with the Contract and the General Terms and Conditions, in the event that the Customer meets the conditions for obtaining the trust mark level, shall include:

• use on all (sub)pages of the Customer's online shop,
• use on all internal promotional channels (e-mail newsletter, printed materials) of the Customer,
• use in non-paying promotional posts on the Customer's online channels (Facebook, Twitter, Instagram),
• use in the Customer's advertising on the comparison shopping portals ceneje.si and jeftinije.hr,
• use in the Customer's advertising in radio advertisements and other forms of sound recordings.

13.2. For a fee, it is also possible to obtain a larger scope of the right to use the CERTIFIED SHOP® Trustmark, which includes the use of the mark as agreed (e.g. in print or TV advertisements, in paid advertising, in print media, etc.). The price shall be determined by a separate written agreement between the Customer and the Provider, depending on the desired scope of use.

Article 14
The Tenderer and the Customer undertake to protect as a business secret all information which comes to their knowledge in the course of their business cooperation. This includes all communications by e-mail and telephone.

Article 15
15.1. The price list of the Provider, which is published on the Certifiedshop.com website, shall form an integral part of these General Terms and Conditions. By accepting the General Terms and Conditions, the Customer acknowledges that he/she is aware of the Price List.

CERTIFICATION FEE: 99 €
1-MONTH MAINTENANCE OF THE LITE TRUSTMARK for all online merchants: 18 €
3-MONTHLY MAINTENANCE OF THE LITE TRUSTMARK for all online retailers: 54 €
3-MONTHLY MAINTENANCE OF THE PREMIUM TRUSTMARK for all online retailers:

• 70 € for companies with up to 100.000 € annual revenue
• 100 € for companies with up to 2 million € annual revenue
• 200 € for companies with more than 2 million € annual revenue

15.2. All prices in the price list and on the website are in euros (€). Unless otherwise specified, prices are exclusive of value-added tax (VAT). The Provider will invoice the Customer inclusive of or inclusive of the applicable VAT rate at each time.

15.3. The Price List is subject to change at any time without prior notice and changes shall not affect services already invoiced. The date of change of the Price List shall be the date of publication of the new Price List on the Website.

15.4. The Provider shall invoice the Customer for the Trustmark Maintenance Services at the beginning of the new billing period. The cost of maintenance of the CERTIFIED SHOP® LITE Trustmark shall be paid monthly for the first month of maintenance, then quarterly (three months in advance), the cost of maintenance of the CERTIFIED SHOP® PREMIUM Trustmark shall be paid quarterly (three months in advance). In the case of advance payment of a full year's worth of the subscribed service, only one invoice shall be issued by the Provider.

15.5. In the event of a change of the trust mark level of the online shop during the month, the new price of the service in accordance with the assigned trust mark level shall be billed to the Customer immediately, and the Customer shall be billed and accounted for the remainder of the period already paid for the previously acquired CERTIFIED SHOP® LITE Trustmark.

15.6. In the event of unpaid overdue obligations by the Customer, the Provider also reserves the right to suspend the display of the acquired trust mark level (until all overdue obligations of the Customer have been settled) or to act in accordance with the provision of Article 16 of the General Terms and Conditions.

Article 16
16.1. The Provider does not guarantee to the Customer that the latter will successfully complete the certification process in accordance with the General Terms and Conditions and obtain the CERTIFIED SHOP® LITE Trustmark.

16.2. The Provider shall continuously monitor the customer satisfaction survey system. If it becomes aware that the surveys have been misused, it may inform or warn the Customer. If the Customer fails to respond or the Provider determines that there is a serious breach, the Provider may unilaterally withdraw from the Contract in writing without notice in accordance with the General Terms and Conditions, whereupon the trust mark obtained by the Customer shall be immediately withdrawn. Serious breaches shall be deemed to constitute an attempt to abuse as defined in Article 17 of the General Terms and Conditions.

16.3. If the Customer breaches any provision of the General Terms and Conditions, as well as in cases where the Provider discovers at any time during the performance of the contractual relationship with the Customer that:

• the Hidden Buyer Analysis score is no longer positive (at the time of a regular or extraordinary Hidden Buyer Analysis),
• the legal compliance assessment is negative,
• the Customer has automatically tampered with the installation of the script in such a way that it does not provide the intended functionality or
• other circumstances have arisen on the part of the Customer which materially affects the performance of this Contract or damages the reputation of the Provider or the trust mark or is contrary to the principle of good faith and fair dealing and good business practice,

the Tenderer shall draw the attention of the Contracting Authority to the circumstances in writing and request the Tenderer to remedy the breaches or to ensure the conditions for the performance of the contract within a period of no more than 30 days.

16.4. If the Customer fails to remedy the breach or to ensure the conditions for the performance of the Contract despite the invitation and within the time limit referred to in the preceding paragraph, the Provider shall first restrict the Customer's rights under the Contract in the manner of preventing the Customer from displaying the acquired CERTIFIED SHOP® Trustmark on the Customer's online shop until the breach has been remedied or the conditions for the performance of the Contract have been ensured, or for a maximum period of 30 days from the expiry of the time limit referred to in the preceding paragraph of this Article.

16.5. If the Customer fails to remedy the breach or to ensure the conditions for the performance of the Contract even after the expiry of the period referred to in the preceding paragraph (after the request and after the expiry of the period of limitation of rights under the Contract), the Provider may unilaterally withdraw from the Contract in writing without notice in accordance with the General Terms and Conditions, whereby the Customer's right to use the CERTIFIED SHOP® Trustmark shall also cease as of the date of the written withdrawal from the Contract provided for in the Contract. Upon termination of the contractual relationship (termination theory), the Provider shall prevent the Customer from using the CERTIFIED SHOP® Trustmark on the Customer's online shop and the Customer shall immediately cease all use of the trust mark and delete all data relating to the use of the trust mark from public communication with the Customer.

16.6. The Provider shall act in the manner described in Articles 16.3., 16.4., 16.5. even in the event that the Customer fails to pay the overdue invoice for the maintenance of the CERTIFIED SHOP® Trustmark after two reminders from the Provider. Upon termination of the contractual relationship, the Provider shall prevent the Customer from using the awarded CERTIFIED SHOP® Trustmark on its website, and the Customer shall immediately cease any use of the Trustmark and delete all data relating to the use of the Trustmark from public communication with customers.

16.7. If the Customer proves that it has remedied the breaches or ensured the conditions for the performance of the contract within 3 months after the withdrawal from the Contract by the Provider, the Provider may conclude a new contract with the Customer without recertification of the Customer's online shop.

16.8. Upon termination of the contractual relationship between the Customer and the Provider (broadcast theory), the Provider shall prevent the Customer from using the awarded CERTIFIED SHOP® Trustmark on the Customer's online shop, and the Customer shall immediately cease any use of the trust mark and delete all data relating to the use of the trust mark from public communication with the Customer.

16.9. The Parties agree that upon the termination of the contractual relationship between the Customer and the Provider, regardless of the reason for termination, the display of the CERTIFIED SHOP® Trustmark on the Provider's website or certifiedshop.com shall be discontinued and a trust mark indicating the termination of the contractual relationship shall appear in place of the CERTIFIED SHOP® Trustmark when referring to the Customer's online shop. All opinions collected in relation to the Customer's online shop on the Provider's website shall also be retained.

Article 17
17.1 Any attempted or actual misuse of the CERTIFIED SHOP® Trustmark is prohibited and shall result in the immediate unilateral written withdrawal from the contract by the Provider without notice in accordance with the General Terms and Conditions and the immediate termination of the right to use the CERTIFIED SHOP® Trustmark.

17.2 In the event of withdrawal from the contract referred to in the preceding paragraph of this Article, the Provider shall be entitled to damages and a contractual penalty of 20 (twenty) quarterly costs for the maintenance of the Trustmark. If the damages exceed the contractual penalty, the Customer shall be obliged to compensate the Tenderer for the full amount of the damages incurred.
For any unauthorised use or misuse of the CERTIFIED SHOP® Trustmark, the Provider shall immediately bring criminal proceedings against the responsible offender.

17.3. The following acts in particular and without limitation shall be deemed to be a misuse of the trust mark:

• the unauthorised use of the trust mark after the expiry of the contract, or in the event that the certification trust mark has not been awarded,
• failure by the Customer to use the Provider's services in accordance with the applicable laws, regulations, the General Terms and Conditions and the Contract,
• if the use of the trust mark infringes copyright, trademark or service trust mark rights, patents, proprietary or other rights of the Provider or third parties or applicable regulations,
• if there is a deliberate misuse of the survey system - e.g. surveys are not completed by actual customers,
• if there is a deliberate misuse of the Shopper's Mind Intelligence Dashboard.

Article 18
18.1. The privacy and data protection policy is described in the Privacy Policy.

Article 19
19.1. The Provider does not accept any liability on the part of the Customer for the response of third parties or customers with regard to the trust mark. The same shall apply to claims for damages by customers of the Customer because the product did not meet their expectations in terms of quality or otherwise.

19.2. The Provider does not accept any liability on the part of the Customer for the Product or the Service or for any liability for damage to property or other loss resulting from the use of the Product or the Service.

19.3. The Provider accepts no liability to any third party or to the Customer for any damages suffered by the Customer as a result of reviews on the Customer's online shop or products on the Customer's online shop.

Article 20
20.1.For Customers who have been awarded the trust mark in accordance with the previously applicable General Conditions for the Certification and Maintenance of the CERTIFIED SHOP® and EMOTA certification trust marks, the trust mark shall be automatically charged to the CERTIFIED SHOP® PREMIUM trust mark level in accordance with these General Conditions.

20.2 For Customers who are in the process of certification at the time these General Terms and Conditions come into force, the Provider may award the CERTIFIED SHOP® LITE level of trust mark in accordance with these General Terms and Conditions.

Article 21
21.1. The "CERTIFIED SHOP®" trademark, as well as any related documentation or information in this respect, are the exclusive property of the Provider. The Provider owns all intellectual property rights relating to the trademark or any other work, program, service or product.

21.2. Rights in software, patents, copyrights, trademarks, camouflaged parts, rights in designs, design rights, trade secrets and proprietary rights are and shall remain the property of the Provider whether or not specifically recognised or acknowledged under the laws of the country in which the trademark is granted.

Article 22
22.1. The "CERTIFIED SHOP®" trademark contains confidential and proprietary information developed by the Provider.

22.2. The Customer shall protect the confidentiality of the information obtained with the same level of diligence as it uses in protecting its own confidential and proprietary information, but always with at least a reasonable degree of care. The Customer will not remove or alter any indication that proprietary or confidential information is the subject of a trademark.

Article 23
23.1. The Provider and the Customer undertake to attempt to resolve any disputes amicably.

23.2. Any disputes that cannot be resolved amicably between the parties shall be subject to the jurisdiction of the Ljubljana Court of Law.

23.3. The Provider and the Customer agree that the law of the Republic of Slovenia shall apply to the interpretation of all provisions of the Contract and these General Terms and Conditions.

23.4. Upon the entry into force of these General Terms and Conditions, the General Terms and Conditions for the Certification and Maintenance of the CERTIFIED SHOP® and EMOTA Trustmarks dated 4 September 2017, as amended, shall cease to apply.