Terms and Conditions
1. Business Operations
Kremen mb d.o.o. sells and supplies products exclusively under these General Terms and Conditions, unless otherwise agreed in writing in advance for individual products. Any deviations from these General Terms and Conditions shall apply only on the basis of a written agreement.
2. Dimensions, Volumes and Weight
The data regarding the dimensions, weights, characteristics, load capacity and performance of products in our catalogue comply with general standards and shall remain valid until amended by us in writing. The stated data may slightly deviate from the actual values. We reserve the right to make changes to the offer and to correct any printing errors.
3. Prices
All prices are stated in euros (€). Prices are calculated based on the prices applicable in January 2013. Any increase in market prices or in the prices of materials or raw materials may result in changes to the prices in the price list. Unless there are major market changes, the prices in the price list shall apply. Changes due to unforeseen events are possible; therefore, the prices stated in the quotation or order confirmation shall be binding for us. We reserve the right to request advance payment or payment upon collection of the goods. In the event of an extraordinary increase in raw material market prices, we reserve the right to change the catalogue prices without prior notice. Upon the issue of a new price list, all prices in the previous price list shall cease to apply.
4. Packaging
We strive to keep packaging costs low, while ensuring that the packaging provides sufficient protection for the products and is environmentally friendly. For products where packaging is not strictly necessary, we do not use it. We use safe and recyclable plastic wrap and cardboard.
5. Delivery Time
The delivery period is deemed to run from the date of receipt of the order until the handover of the goods. Many products are permanently in stock. Due to periodic production cycles and order intake, deviations in delivery times may occur. The binding delivery date is the one stated in our order confirmation, which the customer receives upon placing the order. Unless specifically agreed and confirmed by us in writing, performance of our obligation within a specific period shall not constitute an essential element of the contract. In the event of delays, we assume liability only in cases of our own negligence. We shall not be liable for delays caused by suppliers, extraordinary circumstances, force majeure, etc.
6. Offer and Contract
The offer in the catalogue is non-binding, and only upon our written quotation or confirmation of your order do the catalogue terms become part of a binding contractual relationship. Every order must be confirmed by us in writing. In the event of discrepancies between your order and our confirmation, please notify us within 3 working days so that we can correct or cancel the order. If you fail to do so, the order shall be deemed confirmed by you, and we cannot guarantee a successful resolution of any subsequent complaints.
7. Return of Goods, Complaints
We undertake that the customer may return goods within 14 days of receipt. The goods must be undamaged and in their original packaging. To return goods, please contact our service department at 02/25 24 687. Returns do not apply to products ordered under special manufacturing conditions, colours, etc., or to goods sold at special prices (e.g. quantity discounts).
8. Retention of Title
We reserve the right that all delivered goods shall remain the property of Kremen mb d.o.o. until full payment for the goods has been made. After the payment due date has expired, a reminder shall follow. If reminders are unsuccessful, we reserve the right to demand the return of the delivered goods at the buyer’s expense. Upon our request, the buyer shall return the goods at their own expense or, upon prior notice, prepare the goods for collection. Before full payment, the buyer shall not sell the goods to a third party, unless such third party also accepts the retention of title of Kremen mb d.o.o. Upon first request by Kremen mb d.o.o., the buyer shall immediately, and at their own expense, notarise their signature on a document confirming this retention of title. The buyer shall immediately notify Kremen mb d.o.o. in writing of any insolvency of the buyer and of any enforcement proposals by third parties against the buyer’s assets.
9. Processing Clause
No obligations arise for us as supplier as a result of processing or upgrading a product that is subject to retention of title. If, before full payment, the buyer processes the goods in such a way that a new item is created, or if the processing results in an inseparable combination with goods belonging to third parties, Kremen mb d.o.o. shall become co-owner of the newly created item in proportion to its ownership share.
10. Method of Payment
Our invoices are due for payment within 8 days of receipt, unless otherwise stated on the invoice. For larger orders, we reserve the right to request partial advance payments. We reserve the right to request advance payments in any amount at our own discretion. In the event of late payment, we may charge statutory default interest.
11. Installation
If installation is agreed, it shall be carried out under previously agreed valid written terms. The installation price shall be agreed based on a prior quotation.
12. Delivery
The costs of delivering the goods are not included in the product price and shall be charged to the buyer. Delivery costs are provided in a prior written quotation and under specified conditions. Delivery is carried out by Kremen mb d.o.o., which has the right to engage subcontractors.
13. Transport
Upon handover of the goods to the buyer, the sales process is completed and all responsibility passes to the buyer. Upon receipt, the buyer is obliged to inspect the goods. In the event of damage occurring during transport, please notify our service department, otherwise complaints will not be considered. If delivery times differ significantly within the same order, we suggest partial deliveries so that you may receive part of the ordered goods earlier.
14. Warranty
We provide a 2-year quality warranty for all our products, unless otherwise specified in writing. We do not accept liability for defects and damage arising from improper handling. Detected defects must be reported in writing within 7 days of delivery, and hidden defects within 7 days of discovery. In the event of defects, we offer free repair or replacement of the goods within a reasonable period. Any further claims are excluded, except in cases of intent or gross negligence on our part.
15. Data Protection
The customer expressly authorises us to store, process and use the personal data made available to Kremen mb d.o.o. Kremen mb d.o.o. undertakes to protect personal data in accordance with the “Personal Data Protection Act (ZVOP)” and to process and use such data solely in connection with the exercise of rights and obligations arising from the contractual relationship, as well as for advertising and marketing purposes.
16. Competent Court
The law of the Republic of Slovenia shall apply exclusively, with the exception of the rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods. In the event of disputes arising from the contractual relationship, the District Court in Maribor shall have exclusive jurisdiction.
17. Miscellaneous
The invalidity of individual parts of these terms of sale, delivery and payment, in whole or in part, shall not affect the validity of the remaining terms and provisions of the legal transaction as a whole.