General terms and conditions

The General Terms and Conditions (hereinafter referred to as the GTC) apply to all business transactions between A.D. Acovia Design d.o.o. (hereinafter referred to as the supplier) and to the subscribers of the goods and/or services (hereinafter referred to as the buyer).

GTC are an integral part of all transactions between the supplier and the buyer (hereinafter referred to as the partner) and are exclusively valid. They also apply if they are not explicitly stated in the contract. Amendments to the GTC are only valid if agreed in writing. In particular, but not exclusively, the parties must inform each other of the change of address, tax registration, and other relevant matters related to the nature of the transaction. Requirements for a written agreement of the parties cannot be circumvented.

The valid general terms and conditions of sale are available to the buyer on the seller’s website: www.acovia-design.com and in a visible place in the company and/or business unit. In this way, the buyer is considered to be validly acquainted with the GTC and the latter are valid even if the supplier does not enclose them when delivering the goods and/or performing the services. Any terms and conditions of the buyer that contradict or supplement these GTC do not apply and do not become part of the contract unless the supplier agrees in writing to their validity.

A pro forma invoice issued by the supplier is considered as an offer. The offer includes: a description of the goods and/or services, quantity and unit price, total amount, payment terms, delivery time, and method of delivery of the goods. The validity period of the offer is stated on the document. If the validity date is not explicitly stated, the offer is valid for 15 days. The offer is considered accepted when the supplier receives payment from the buyer before the expiry of the offer. With the sent order form or. by advance payment, the buyer agrees to the GTC.

The order contains:

• The exact name, address, and tax-relevant data of the buyer (payer of goods or services).
• The code of the pro forma invoice – the offer to which the purchase order relates.

If, after confirming the order, it turns out that the buyer has provided incorrect or incomplete information for the preparation of goods or. performance of the service, the supplier is not responsible for errors in the executed order, which are the result of incomplete documentation submitted by the customer. The order is valid when the supplier receives the customer’s order or. advance payment. The supplier’s obligation from the order arises when the supplier has all the necessary information regarding the order and provided that the buyer has settled all previous obligations to the supplier

The approximate delivery time is stated in the offer. The delivery period begins on the day of receipt of the purchase order or advance payment. The supplier reserves the right to partial deliveries. In cases of force majeure, disturbances in the course of transport routes, breakdowns of machines and devices, or other extraordinary events, the supplier may extend the delivery times for the duration of the extraordinary event. The supplier uses the transport services of several contractual partners for delivery and reserves the right to choose the most suitable service for the optimal delivery of the order. The supplier is not liable for damage to the products and delays caused by negligence or non-compliance of the freight forwarder/carrier.

The buyer must provide an appropriate means of transport for his own collection according to the dimensions and other characteristics of the ordered goods, otherwise, the supplier has the right to refuse the loading of goods. In this case, the partners find the optimal solution for the delivery with the appropriate means of transport. Any additional costs in this regard shall be borne by the buyer. The supplier’s liability for any damage caused by the customer’s own loading and transport is excluded.

The buyer is obliged to perform a quantitative and qualitative inspection of the goods upon receipt of the goods. Upon acceptance of the goods, which is confirmed in writing by the buyer or his transferee by stating the name and surname of the transferee and signing the accompanying document, the risk of loss or damage to the goods passes to the buyer. The quality and quantity of goods is appropriate if it meets the standard characteristics of the supplier’s goods. The quantity delivered must be the same as on the acceptance document. Return of goods is not possible upon receipt, except in the case of a justified complaint. Exceptionally, a refund is allowed if the parties agree in writing on the possibility of a refund.

The prices stated on the offer apply to an individual sales transaction. VAT and other obligatory duties in Slovenia and abroad are stated separately on the invoice, namely in the amounts valid on the day of issuing the invoice. By defining the validity of the offer, the seller confirms the validity of the prices for the goods. In case of unforeseen additional works or in case of repetition of the service or parts of services resulting from the characteristics of the object of the service, an annex to the offer shall be prepared, which determines the costs of unforeseen additional works or repetitions of services. The buyer is aware of this and must confirm additional work by signing. The supplier issues an invoice that falls due within the agreed payment period and is considered settled when the supplier receives the funds in his transaction account. The buyer must submit any comments on the invoice in writing within 8 days of receiving the invoice. After this period, an objection to the account is no longer possible.

For late payment, the supplier reserves the right to charge statutory default interest. In the case of recovery, the buyer bears all costs incurred in connection with judicial and/or out-of-court recovery of the debtor – mainly, but not exclusively, these are the costs of written and telephone reminders, bailiffs, lawyers, courts, legal advice, default interest… In the event of a written reminder to the customer due to late payment, the supplier reserves the right to charge the cost of a written reminder in the amount of 40 EUR. In the event of a delay in payment of more than 30 days, the supplier has the right to change the agreed payment deadline and suspend all deliveries of goods until the buyer settles all due obligations. The buyer must settle his obligations to the supplier independently of the payment of his own transactions with goods and services to his own customers. The supplier has the right to settle the received payments with the customer’s older due obligations. Where, in addition to the principal, costs and interest have been incurred, these are calculated by paying the costs first, then the interest, and finally the principal. The supplier has the right to set off undisputed and overdue receivables with the buyer. Offsets and other offsets arising from any counterclaims of the buyer must be agreed in advance in writing.

The supplier warrants that the delivered goods are free of defects and in accordance with the specification on the order and/or generally published information about the delivered products on the website www.acovia-design.com. In the event of a deviation from the agreed quantity or quality, it undertakes to replace or repair the advertised goods. The delivered goods and services must be carefully inspected immediately after delivery to the buyer, or a third party designated by the buyer. The buyer is obliged to complain about obvious defects of the goods immediately upon receipt, otherwise, he loses the right that comes to him from this title. All notifications under this title received by the supplier later than 8 days after the day of delivery shall not be taken into account.

The buyer is obliged to notify the supplier of the identified hidden defect immediately, and the supplier is not liable for defects that appear after 6 months have elapsed since the thing was delivered, unless a different deadline has been set in the contract or offer. The buyer must describe the defect in more detail in the defect notification and invite the supplier to inspect the item. We resolve justified complaints in various ways: by repairing the goods, by replacing the goods, or by reducing the price. The supplier and the buyer can agree on the return of the declared goods. In this case, the buyer is obliged to return the complained goods to the supplier in the condition and quantity as he took them upon delivery. The costs of any damage caused to the goods due to the buyer’s improper storage or use of the goods shall be borne by the buyer. Repairs of the advertised goods can be performed by either the supplier or the buyer. The buyer may only carry out the repair with the seller’s written consent.

If the customer carries out the repair without the prior consent of the supplier, the complaint is considered unjustified. In the event of a complaint, the buyer is obliged to pay the undisputed part of the purchase price to the supplier within the payment period as agreed and stated on the invoice. The supplier’s warranty is limited to the amount of the sales value of the advertised goods. The supplier does not guarantee the non-conformity of the goods if it is the result of an incorrect order from the buyer (the buyer did not state the specifics, purpose, provided incomplete technical documentation). The supplier also does not guarantee the damage caused by the buyer due to improper, careless use, storage, and control of the goods delivered to him. The partners agree that for the damage caused by the inability to use the material or. its purposes such as e.g., production, delivery to a new customer, etc. the supplier is not responsible.

Customer’s claims for damages instead of rectification of defects are excluded. Under no circumstances shall the supplier be liable for damages for the following cases:

1. Third-party claims against the buyer.
2. Damage to or destruction of goods resulting from improper use.
3. Specific, incidental, or consequential damages or economic consequences, including lost profits.

The delivered goods remain the property of the supplier until full repayment of all obligations of the buyer to the supplier (including default interest, etc.). Until the buyer’s obligations to the supplier are fully settled, the buyer has the right to use the products for resale only if appropriate insurance is provided to the supplier (e.g., a bank guarantee) and if he provides the supplier with new data. The buyer is not entitled to pledge, transfer as collateral or take other measures that could jeopardise the supplier’s ownership of the goods that are the subject of the reservation of title.

In the event of a resale, the buyer of the goods assigns in advance all receivables arising from the resale to A.D. Acovia Design d.o.o., until the final repayment of the goods. As long as the reservation of title lasts, the buyer must handle the products with the care of a good manager and has no right to alter or in any way interfere with the products and packaging.

The partners are obliged to protect all information related to the execution of the transaction (in written, oral, or other forms, directly or indirectly) as a business secret, in accordance with applicable laws and best business practices. The partner receiving any confidential data or information, its employees, or other related persons will not use, disclose, or pass on this data and information to any third party, company, or entity unless it has the prior written consent of the other partner. The supplier has the right to process and store the customer’s data to the extent necessary for the implementation of contracts and the execution of transactions, for as long as he is obliged to do so by law.