TERMS OF BUSINESS
General Terms and Conditions
The general conditions of the company RORO doo determine the terms of business in the field of sale of goods between the seller (Roro) and the buyer. The general conditions are valid for the period from September 1, 2010 onwards.
1. CONTRACTUAL TERMS
Sales at RORO are made under the following conditions:
Only laws or provisions that cannot be excluded by customer agreements take precedence over the seller's contractual terms. The possible invalidity of some individual conditions does not affect the legal validity of other conditions. Purchase conditions defined by the buyer are not binding for the seller, even if the seller does not expressly reject them.
2. SUBJECT:
The seller undertakes to deliver the goods to the buyer in the agreed volume, quality and deadline agreed with the buyer in an individual order or contract. The buyer undertakes to pay for the received goods within the agreed term and form.
3. PRICES:
The seller determines the prices of his products with a price list (offer) that he submits to the buyer. Prices and offers issued by the seller are primarily non-binding. In order for contracts to acquire legal validity, they must be confirmed by a written confirmation from the seller.
All prices exclude VAT (value added tax). According to the Value Added Tax Act (Ur.l.RS 103/2001) , VAT is charged on the price of goods at the general rate of 22%.
4. DELIVERY:
For products in stock, the delivery of goods is 3 to 5 working days, but no later than 30 days after the conclusion of the contract, unless the parties have agreed otherwise.
The seller makes the goods available to the buyer within the agreed term, packaging and quantity, unless otherwise agreed. Likewise, all shipped orders, unless otherwise stated, travel from the seller's warehouse to the buyer at the buyer's risk.
Delivery dates are subject to Seller's ability to deliver. Exceeding the delivery period does not give the buyer the right to withdraw from the contract or claim compensation. The seller is entitled, without prior notice, to partial deliveries of goods and to deliveries of minimally modified goods, as well as to changes in the sales program - according to the currently valid sales catalog.
If the buyer does not collect the goods within the agreed period, the seller stores them at the buyer's expense and invoices the goods to the buyer. If the buyer does not take over the goods within 2 months from the agreed delivery date, the seller has the right to give the goods to another buyer and to charge the first buyer for the costs incurred due to the cancellation of the acceptance of the goods.
5. PACKAGING AND MARKING OF GOODS:
The seller undertakes to deliver the goods to the buyer in the agreed quality, quantity and packaging. The goods must be properly packed and protected for transport and handling of the goods.
Unless otherwise agreed, pallets are not considered part of the packaging, so the buyer must return them or be charged extra by the seller.
6. THIRD PARTY INDUSTRIAL PROPERTY RIGHTS:
The buyer is responsible and legally bound to ensure that the rights of third parties are not violated after the delivery of the goods, which were manufactured according to his specifications.
Tools, templates, models and sketches or plans remain the property of the seller even if the buyer has paid for their preparation and production.
7. CLAIMS OZ. COMPLAINTS:
Claims or the buyer must send complaints to the seller in writing within a maximum of 14 days after receiving the goods. The buyer is obliged to provide the seller with a record of all detected errors and claims, with information showing which delivery of goods the claim relates to (invoice number and date of delivery). The seller is obliged to check the complaint and respond to the complaint request to the buyer within 4 weeks at the latest. The seller does not accept claims for goods that have not been professionally used and properly stored.
For goods subject to a warranty period, this begins on the date of receipt of the goods by the customer and, unless otherwise specified, lasts for 6 months from the date of receipt. When submitting a claim for goods under warranty, the buyer must also submit a warranty card or an invoice showing the date of receipt of the goods. Goods for which the warranty is valid and defects were discovered, the seller must, after the defects have been rectified or return the replacement to the buyer together with the delivery note and a detailed description of the solution to the complaint or issue him a credit note.
Confirmation of the request or complaints do not affect the seller's right to enforce the delay of the claim or complaints. In case of justified claims or reclamation the seller, at his own discretion, offers a replacement of the goods, a repair or a credit, which is limited to the maximum value of the goods in question.
The seller is liable for damage only in the case of willful or gross negligence. Any liability of the seller for lost revenue, indirect damage, lost costs and other consequential damage is excluded. Any compensation claim expires one year after the service was rendered. Request or complaints regarding part or all of the delivered goods do not give the buyer the right to delay or default on partial or full payment.
Liability of the company for material errors Extract from Article 37 to 39 of the ZVPot:
(1) The consumer can exercise his rights from a material defect if he informs the seller about the defect within two months from the day the defect was discovered.
(2) In the error notification, the consumer must describe the error in more detail and allow the seller to inspect the item.
(3) The consumer can notify the seller of the defect in person, for which the seller must issue a certificate or send it to the store where the item was purchased.
(4) The seller is not responsible for material defects in the goods that become apparent after two years have passed since the item was delivered.
(5) It is considered that a defect in the item already existed at the time of delivery, if it appears within six months of delivery.
(6) The consumer, who correctly informed the seller about the error, has the right to demand from the seller that:
- correct a defect in the goods or
- returns part of the amount paid in proportion to the error or
- replaces defective goods with new, flawless goods or
- returns the amount paid.
If you are not satisfied with the ordered products, or if you want to withdraw from the purchase for any reason, you must do so within 14 days from the day you received the goods. delivered at the post office within the deadline. The period of 15 days begins the next day after the day of delivery of the goods. We will give you a full refund. In doing so, send us your information in writing, including your address and phone number, current account number, and we will transfer the entire amount to you within 14 days MAXIMUM of receiving the goods. In case of incomplete data, it will not be possible to execute the transfer. All data on concluded contracts are stored at the company headquarters in electronic form. The address to which you can return the item is written on the delivery receipt. The cost of returning the goods is borne by the buyer himself. The goods must be in their original packaging, undamaged and unused, and the original invoice must be attached. The packaging should be rewrapped and undamaged. We do not accept damaged or pasted packaging and will refuse to return it. In the case of defects due to improper use, negligent handling, mechanical damage and defects in the event of force majeure, we will have to reject the goods claim.
We do not accept ransom payments!
In the case of contracts concluded at a distance or outside business premises, the consumer has the right to notify the company within 14 days that he withdraws from the contract without having to give a reason for his decision. In this case, the consumer can only be charged for the costs from the seventh paragraph of 43d. of this Act." (Paragraph 1 of Article 43 of the ZVPot) - If the consumer has already received the goods and withdraws from the contract, he must return or hand them over to the company or a person authorized by the company to accept the goods, immediately or no later than 14 days after notification from the first paragraph of Article 43 Article ZVPot, unless the company offers to accept the returned goods itself. It is considered that the consumer returns the goods on time if they are sent before the end of the 14-day return period." (Paragraph 6 of Article 43d of the ZVPot)
The seller returns the received payments to the consumer with the same means of payment that the consumer used, unless the consumer has expressly requested the use of another means of payment and the consumer bears no costs as a result. (Paragraph 3, Article 43d, ZVPot)
The right to a refund in the case of warranty claims and material defects is more precisely regulated by the provisions of the Consumer Protection Act (unofficial consolidated text)
Method of notification of withdrawal by the consumer (Article b43d ZVPot) - Form established in the rulebook on forms in connection with the exercise of the right to withdraw from a contract concluded at a distance or outside business premises (Official Gazette of the Republic of Slovenia, No. 43/2014)
8. RECEPTION OF WRONGLY ORDERED GOODS:
Custom made goods cannot be returned to the seller. Merchandise from the Seller's standard program, which the Buyer ordered incorrectly, will be accepted back only if the Buyer pays the cost of transportation to and from the Seller's delivery facilities, as well as a handling fee equal to 10% of the value of the returned goods.
9. INVOICING AND PAYMENT:
The seller issues invoices for the goods based on the shipping documents. The date on which the goods were shipped from our warehouse or invoice date. The same conditions also apply to partial deliveries of goods.
The buyer undertakes to settle the obligations for the delivered goods within the period specified in the contract or on the invoice. The buyer can also settle the obligations with a mutual or by chain netting or by purchase of receivables or by assignment. In the case of payment by chain offset, the day of payment is considered the day when the compensation is confirmed by all participants.
If the buyer does not settle the obligation within the payment deadline, the seller has the right to charge legal default interest.
If the seller's claim is enforced by judicial or non-judicial means, the buyer must also settle all costs related to the seller that have arisen as a result of such enforcement.
10. ARCHIVING OF CONTRACTS
The contract concluded between the provider and the user is permanently stored at the company's headquarters on a suitably protected server of RORO doo. Advertising electronic messages must contain the following components: You receive advertising messages if you have registered in our online store. You can always cancel receiving only these. - they must be clearly and unequivocally marked as advertising messages, the sender must be clearly visible, various campaigns, promotions and other marketing techniques must be marked as such. - the user's wish not to receive advertising messages is must be respected.
11. RETENTION OF TITLE:
The goods supplied by the seller to the buyer remain the property of the seller until full payment of the purchase price, including all accompanying costs. Retention of title applies to all goods delivered by the seller to the buyer until full payment of the buyer's obligations. Therefore, the retention of title also applies to goods that the buyer has already processed.
The retention of title also applies to all delivered goods until the full fulfillment of open claims arising from all joint mutual legal transactions with the buyer. The buyer is obliged to complete all the necessary formalities for the protection of the goods with reservation of ownership rights. Any seizure or settlement of collateral containing goods subject to retention of title in favor of third parties is prohibited.
In case of seizure due to insolvency or other claims regarding the goods with reservation of title by third parties, the buyer is obliged to enforce the title of the seller and to notify him immediately.
All of the buyer's future claims arising from the resale of the goods subject to retention of title shall in no way be assigned to third parties and shall instead be immediately assigned by the buyer to the seller, regardless of whether the retained goods - without processing or after further processing - sold to one or more buyers. The assigned claims serve as a guarantee in the amount of the monetary value of the relevant goods subject to reservation of title, which was delivered to the insolvent customer. As long as the buyer fulfills his payment obligations, he can collect and process the claims he assigned to the seller himself.
From the moment the buyer fails to fulfill his obligations to the seller on time, the aforementioned claims are assigned to the seller for payment purposes. At the request of the seller, it is necessary to immediately disclose the buyer's debtors and inform the seller about the assignment of claims. Incoming payments that settle the buyer's claims that have been assigned to the seller represent the goods with retention of title in the amount of the goods sold with the retention of title, which remains in the custody of the company until the buyer fulfills its payment obligations to the seller.
12. OUT OF COURT RESOLUTION OF CONSUMER DISPUTES:
In accordance with legal norms, RORO doo does not recognize any provider of out-of-court resolution of consumer disputes as competent for the resolution of a consumer dispute that the consumer could initiate in accordance with the Act on out-of-court resolution of consumer disputes. Link for online resolution of consumer disputes: ec.europa.eu/consumers/odr
The aforementioned regulation comes from the Act on the Out-of-Court Settlement of Consumer Disputes, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on the online resolution of consumer disputes and the amendment of Regulation (EC) no. 2016/2004 and Directive 2009/22/EC.
The trader and the user (buyer) as participants in electronic business mutually recognize the validity of electronic messages in court. For these General Terms and Conditions and for all disputes between the Merchant and the user (buyer), Slovenian material and procedural law applies and is applied, whereby the rules of international private law that would prove the application of any other law are not applied.
The provisions of the Code of Obligations, the Act on Electronic Business in the Market, the Act on the Protection of Personal Data and the Act on Consumer Protection apply mutatis mutandis to all relationships and rights and obligations that are not governed by these general terms and conditions.
13. PLACE OF PERFORMANCE AND JURISDICTION COURT:
The place of fulfillment of mutual obligations arising from this contract is Celje. All disputes arising from or related to this contract fall under the jurisdiction of the Celje Regional or District Court. This contract is subject to Slovenian law. The application of the provisions of the UN Convention on Contracts for the International Sale of Goods (UN Sales Law) and comparable international agreements is validly excluded.