Language: slo

GENERAL TERMS OF BUSINESS WITH INTERCOMMERCE.SI, d.o.o.

GENERAL PROVISIONS

The General Terms and Conditions shall apply to the regulation of all mutual relations between the company Intercommerce.Si, d.o.o. (hereinafter referred to as the Seller) and its customers, unless otherwise expressly agreed in writing between the Seller and the Customer (hereinafter referred to as the Parties). The present General Terms and Conditions shall form an integral part of any order or contract. They shall apply to all sales of goods by the Seller to a Buyer from the time of transmission of the order to the Seller, subject to confirmation of the order by the Seller. By each transmission of an order to the Seller, the Buyer confirms that it accepts these General Terms and Conditions in full, thereby confirming that its relationship with the Seller is subject to these General Terms and Conditions. All relations between the parties in relation to a particular order shall be judged exclusively by the present General Terms and Conditions. Any unilateral statements made by the Buyer or any reference by the Buyer to its own or other general terms and conditions shall be null and void and shall have no legal effect on the relationship between the parties. These General Terms and Conditions shall prevail over any terms and conditions, standards or other rules and regulations of the Buyer contained in trade regulations, in commercial or customary practice. The parties may agree to any variation of these General Terms and Conditions in respect of a particular transaction or relationship only by a separate mutual written agreement signed by the legal representatives of both parties. The order and the confirmation of the order by the Seller, together with these General Terms and Conditions, constitute the final contract of sale between the Buyer and the Seller and constitute the entire agreement as to the terms and conditions, warranties and other terms and conditions set out in these General Terms and Conditions.

SALES PROGRAMME

The product images and information on the website are symbolic and not legally binding. The Seller reserves the right to make changes to the product range on the Website and assumes no responsibility for the technical characteristics of the products and their fields of application as set out in the technical documentation of the manufacturer of each product. It is the Buyer’s responsibility to check the technical characteristics of the Product upon receipt and before use and to ensure that the Product is suitable and suitable for its intended use and application. The Seller is not obliged to verify the Buyer’s technical and legal compliance requirements.

ORDER

The order or any modification thereof must be in writing and may be sent through any of the channels of communication normally used by the parties for their mutual communication. The Seller undertakes to confirm the order within three (3) working days of receipt of the order. In the event that the Seller fails to confirm the order to the Buyer within three (3) working days, the Seller shall be deemed to have accepted and confirmed the order.

CHANGES TO THE ORDER

The Buyer may, without any legal consequences, modify or cancel the order until it receives confirmation of the order from the Seller, after which this is no longer possible.

DELIVERY TIME

The delivery period shall be mutually agreed by the parties in writing as a number of working days from the confirmation of the order. If the delivery time varies for different products, the parties shall determine it by means of a list for each product. If the Seller becomes aware of the possibility that the delivery of the ordered Product may be delayed or that the quality obligations may not be met properly, the Seller shall immediately inform the Buyer in writing. In this case, the Buyer must grant the Seller an additional reasonable period of time for the fulfilment of the contractual obligations, which may not be less than 30 days. If the Seller fails to deliver the ordered product to the Buyer even within the additional period, the Buyer may withdraw from the contract. If the Buyer has ordered several products from the Seller and the Seller is in default only with respect to a particular product, the Buyer may withdraw from the order only to the extent that it relates to the undelivered product.

In any case, the buyer cannot withdraw from the contract if the seller is in default due to force majeure.

SAFETY STOCK

In the event that the Seller maintains a safety stock for the Buyer, the Seller undertakes to keep it at the Buyer’s disposal at all times. The required quantity of safety stock shall be agreed in writing between the parties. The Buyer undertakes that, in the event of the Buyer ceasing to order the Products for which the Seller maintains safety stock, the Buyer shall purchase from the Seller all safety stock of the Products which the Seller has held in stock for the Buyer’s exclusive use in the Buyer’s favour in the event of the Buyer ceasing to order the Products for which the Seller maintains safety stock.

DELIVERY AND COLLECTION OF GOODS

The delivery of the products from the seller to the buyer depends on the Incoterms clause agreed between the parties. In the event that the Seller is responsible for the delivery of the Products ordered to the Buyer, the Buyer shall be obliged to allow unhindered access to the unloading site and to ensure the unloading of the Products. Otherwise, the Seller may charge the Buyer for any additional costs incurred in this respect.

The Seller reserves the right to make partial deliveries of the products ordered.

The return of purchased products by the Buyer to the Seller is only possible after prior written confirmation by the Seller. In this case, the Seller will only accept products that are undamaged and packed in their original packaging, but in any event no later than 15 days after delivery of the products to the Buyer. In this case, the Seller reserves the right to charge the Buyer handling costs for the returned Products.

The Buyer shall return to the Seller the pallets on which the Seller delivers the Goods to the Buyer, provided that the Buyer shall return the pallets of the same type and quality (undamaged) to the Seller upon delivery of the Goods, failing which the Buyer shall return them at the Buyer’s own expense, but no later than 30 days after delivery of the Goods. In the event of non-return of the pallets by the Buyer to the Seller, the Seller shall charge the Buyer for them at the then current price list.

PAYMENT

The Seller shall charge the Buyer for each individual delivery of the Products, unless otherwise agreed. If the parties have agreed on periodic billing, the Seller shall invoice the Buyer periodically according to the agreement between the parties. The date on which the payment obligation shall arise shall be the date of receipt of the goods at the Buyer’s warehouse or the date of the confirmed invoice or the date of delivery of the required quality documentation or the date of delivery of the goods to the Buyer’s warehouse. the origin of the goods.

The Buyer shall pay for the Goods on the basis of an invoice issued by the Seller in accordance with the Order or the Purchase Order. by special agreement and in accordance with applicable tax and other legislation.

The Seller retains title to the products delivered until full payment of the purchase price. The retention of title shall, after use of the product supplied by the Seller, pass on to the Buyer’s product in which the product supplied by the Seller has been used, the Seller acquiring co-ownership of such product.

PRICES

The Seller shall fix prices by price list or quotation, unless otherwise provided by contract or agreement. The Seller reserves the right to change prices according to market conditions and prices of raw materials on international markets. The new, revised prices are effective from the moment the Seller notifies the Buyer of the change.

COMPLAINTS

The Buyer is obliged to inspect the goods delivered in terms of quantity and quality upon delivery and to indicate any apparent defects or deficiencies on the delivery note received by the Buyer upon delivery of the goods to the Seller.

In the case of less obvious quality defects, the Buyer must send a complaint note to the Seller within five working days of receipt of the goods.

However, in the case of latent defects, the Buyer must forward a complaint report to the Seller within five working days of the discovery of the latent defect, but no later than 6 months from the delivery of the goods which are the subject of the latent defect.

The Seller must communicate the resolution of the complaint report to the Buyer within 8 working days of receipt of the complaint report.

PACKAGING AND WRAPPING

Unless otherwise agreed between the parties, the Seller shall deliver the Products to the Buyer packed in the manufacturer’s normal packaging for the individual Products. Such an agreement between the parties must be in writing.

In the case of films and other materials, where prices are quoted in EUR/kg, they are given as gross prices, which means that they include the sleeve on which the product sold is wound.

QUALITY GUARANTEE

The Seller warrants to the Buyer that the Goods delivered are in accordance with the order and of a quality appropriate to the Buyer’s requirements. The seller therefore guarantees the individual product in accordance with the manufacturer’s warranty for that product.

ACCOUNTABILITY

The Seller shall only be liable for defects in the product delivered. In any event, the Seller shall not be liable for any direct or indirect damages, in particular and not only for loss of revenue, income or profit, or any other form of pecuniary or non-pecuniary damage to the Buyer arising out of the use of the delivered Product and caused by a defect in the delivered Product or a delay in delivery. The amount of the seller’s liability is therefore limited to the value of the goods supplied that are the subject of the particular damage event.

DISPUTE RESOLUTION

The Seller and the Buyer will endeavour to resolve any disputes amicably. Otherwise, the parties shall settle any disputes before the competent court in Ljubljana. These General Terms and Conditions and any individual sales contract concluded between the parties on the basis of these General Terms and Conditions shall be governed by the laws of the Republic of Slovenia.