Terms & Conditions

Plastron d.o.o., Partizanska cesta 10, 9250 Gornja Radgona

GENERAL TERMS AND CONDITIONS

Article 1 - With these conditions, the seller and the buyer agree on mutual obligations, rights and duties for ongoing and uninterrupted mutual business.

Article 2 - The seller sells and delivers products to customers only in accordance with these conditions. The provisions of the buyer's general business conditions do not bind the seller in any case, even if the seller has not expressly rejected them.

Article 3 - The seller uses computerized data processing for the faster development of business communication with the buyer, for the processing of business documentation and business events. In this regard, the seller guarantees to the buyer that he will use all data provided to him in connection with the mutual business relationship exclusively internally, within the company and to the extent mentioned, i.e. for the needs of computer processing of a certain business event.

Article 4 - The seller will also ensure compliance with the provisions of the Act on the Protection of Personal Data (ZVOP-1, Official Journal of the RS No.: 86/2004), and in particular that the aforementioned data will not be accessible to unauthorized third parties.

Article 5 - For orders of investment equipment, complete facilities and specific non-series goods, the parties shall agree on special sales and payment conditions.

2.1. Method of mutual communication and agreement

2.1.1. Offer

Article 7 - Various documentation that the seller attaches to the offer, for example: pictures, sketches, drawings, data on weight, capacity, etc., is for informational purposes only and does not bind the seller, unless the seller notifies the buyer in writing that it is attached documentation of a binding nature.

The seller retains the copyright on the documentation mentioned in the previous point. The buyer may not, under any circumstances, reproduce, unseal, or in any other way make the aforementioned documentation available to third parties.

The seller reserves the right to make structural changes to the products.

2.1.2. The order

Article 8 - The buyer orders the goods in writing to the seller. The order must contain:

- the exact address of the recipient and payer of the goods,

- tax number

- names and quantities of ordered goods,

- desired delivery date,

- shipping method,

- method of payment,

and other conditions that the seller needs for proper and smooth implementation.

Article 9 - The buyer undertakes that the order is issued in accordance with Article 45, paragraph 3 (for limited liability companies and other companies) or Article 73, paragraph 5 (for entrepreneurs) of the Companies Act.

Article 10 - The buyer's order is accepted when the seller confirms it in writing. All further discussions between the seller and the buyer (by phone, fax or oral agreements) as well as subsequent changes and additions to these agreements are valid only if the seller confirms them in writing.

Article 11 - If the buyer unilaterally withdraws from the order after the seller has confirmed it in writing, he must pay all costs incurred in connection with the order.

2.1.3. Order Confirmation

Article 12 - The seller confirms the order to the buyer no later than 3 working days after receiving the order. The confirmation of the order must contain the description of the goods and the name, the price for the goods, the estimated delivery date, the address of the payer of the goods and the recipient of the goods, the method of transport, the number of the buyer's order and payment slip, as well as other conditions that the seller needs for correct and smooth execution.

Article 13 - The deadline for accepting order confirmation is 7 days from the date of issue. The seller is bound to confirm the order by the end of the deadline set for its acceptance. The buyer must submit his comments to the seller within 3 working days of the confirmation being issued. If the buyer does not request changes in writing or withdraw from the order within this period, the seller will consider that he agrees with the terms of the order confirmation.

Article 14 - If the seller has the goods in stock and if all other conditions are met, the seller will send the ordered goods to the address of the buyer or recipient of the goods within 3 working days. The buyer can withdraw from the order without costs if the goods were not ordered specifically for him and the products were not modified according to the agreement with the customer. Otherwise, the buyer is obliged to pay for the ordered goods in full or up to the amount that the seller was able to refund from his supplier. In principle, a confirmed order cannot be canceled after a period of more than 14 days from the order confirmation being sent.

2.1.3.1. Prices

Article 15 - The prices are wholesale, fco the seller's warehouse, formed on the basis of the manufacturer's prices, included operating costs and other costs. If the payment is not secured, we reserve the right to change the prices before the end of the delivery period, if any of the above calculation bases change.

Article 16 - Prices are exclusive of value added tax. VAT is calculated separately, as can be seen from the documents. VAT is calculated in accordance with the applicable legislation.

2.1.3.2. Discount

Article 17 - In principle, the seller does not grant a rebate to the buyer.

Article 18 - Exceptionally, the seller will grant the buyer a rebate on the basis of mutual business (turnover, regular payment, volume of the order,...) The seller will calculate the thus agreed rebate on each invoice separately and immediately deduct it from the invoice amount.

The amount of the rebate is agreed.

Article 19 - There is no discount for products sold in "promotional sales". The customers agree on the promotional discount separately.

2.1.3.3. Delivery time

Article 20 - The delivery period begins on the day when the seller sends the buyer a written confirmation of the order, provided that the buyer has previously fulfilled all his obligations, in particular that he has submitted to the seller his documents, permits and other documents that the buyer must provide, and that he has paid the advance in full, if it is agreed.

Article 21 - It is considered that the seller has respected the delivery deadline if he has sent the goods from the warehouse before its expiration or informed the buyer that the goods are ready for shipment.

Article 22 - The seller has the right to extend the delivery period in the event of unforeseen obstacles or events that are beyond his control, and in the event of force majeure, regardless of whether they are caused by him, the manufacturer or his sub-suppliers. The delivery period is extended for the duration of the obstacle or events.

Article 23 - The seller respects the agreed delivery period if the buyer has fulfilled all his contractual obligations.

Article 24 - If the delivery delay was caused solely by the seller's fault and the buyer suffered damage as a result, the buyer has the right to demand payment of a contractual penalty of 0.5% for each full week of delay, but a total of no more than 5% of the value of that part goods that the buyer could not use on time due to a delay in delivery.

Article 25 - If the buyer claims payment of a contractual penalty, his right to claim all other compensation claims expires.

Article 26 - Damage caused to the buyer due to a delay in the delivery of the ordered goods shall not be borne by the seller.

2.1.4. Shipping and transport of goods

Article 27 - The seller sells the goods to the buyer from the seller's warehouse in Gornja Radgona. Postage is charged according to the valid price list of Pošta Slovenija d.o.o. or for larger shipments according to the price list of the logistics company that will deliver the shipment.

Article 28 - The seller will inform the buyer about the day of delivery of the goods. The type and quantity of goods are jointly determined by the buyer and the seller's representative at the loading point.

The risk of destruction or deterioration of the goods passes from the seller to the buyer at the moment he takes possession of the goods.

Article 29 - The seller hands over the goods to the buyer in possession by direct delivery of the goods, or at the moment when he hands them over to the chosen carrier or forwarder. It belongs to the buyer at the moment of payment of the entire purchase price.

Article 30 - The minimum order value is €100. For orders smaller than this value, we reserve the right to charge a flat fee of €15 due to the costs of packaging, shipping and handling. Orders that are canceled at short notice will be charged a cancellation fee of 15% of the order value. Exchange or return of goods is only possible with prior agreement. For goods that are exchanged or taken back to our warehouse, we charge a processing fee of 15% of the order value. We reserve the right to vary the delivered quantity by 10% (more or less) for products that are modified and made according to the customer's specifications.

Article 31 - Based on an oral, telephone or written request, the seller will make an offer to the buyer in the shortest possible time, which is binding for the seller (the deadline is indicated on the offer), if it contains a precise description of the goods in terms of quantity and quality, the price for the goods and the deadline, in which the buyer can accept the offer. In all other cases, the seller's offer is not binding.

3.1. Payment insurance

Article 32 - The seller may request a payment guarantee from the buyer in the form of a blank check or acceptance order, which the seller can cash only if the buyer is more than five days late in paying overdue invoices. The seller undertakes to inform the buyer about the redemption in a timely manner.

Article 33 - At the seller's request, the buyer will send the document from the previous paragraph to the seller at the same time as the signed contract or upon the first order. The seller confirms receipt in writing.

3.2. Creation of debtor-creditor relationship (DUR)

Article 34 - The parties agree that DUR arises on the day of acceptance of the goods or on the day of dispatch by post or other means of transport.

The seller undertakes to send the invoice within 7 days from the day of the equipment.

3.3. Payment

Article 35 - The buyer pays his obligation with a money order, check or compensation within the agreed period from the date of DUR.

The day when the seller receives funds to his business account is considered the day of fulfillment of the obligation.

Article 36 - The contracting parties agree that the buyer will notify the seller in writing of which obligations he is settling upon payment or payment security. If the seller does not receive the notification, he will cover the buyer's obligations in the order in accordance with the provisions of the Code of Obligations.

3.4. Delay in payment

Article 37 - If the buyer is late with payment, the seller has the right to charge interest on late payment for the entire delay at the interest rate determined by the Act on Prescribed Interest Rate on Late Payment.

3.4. Delay in payment

Article 38 - If the buyer stops payment for unjustified reasons or if his financial capabilities deteriorate in such a way as to threaten the payment of the purchase price, the seller may notify the buyer in writing that he considers all unpaid purchase price due. If the buyer does not pay the entire purchase price or the remaining part of the purchase price within eight days, the seller can terminate the contract or assert a reservation of title and, as the owner, demand the return of the product from the buyer. In any case, the seller has the right to demand compensation for damage caused by the buyer.

Article 39 - The seller also reserves the right to reject the buyer's further orders in the case of the previous point, even if he has already confirmed them.

The seller will warn the buyer of a delay in payment with reminders, which he will send at his discretion. If the buyer does not settle his obligations despite three warnings (the last warning before the lawsuit), the seller will act in accordance with Article 59 of the final provisions.

3.5. Interest on late payments

Article 40 - The seller will, at his discretion, send the buyer a calculation of late payment interest, which the buyer must confirm or reprimand in writing within 7 days. If the buyer does not do so within the aforementioned period, it is considered that he agrees with the calculation and that he will settle the amount within the contractual period.

Article 41 - The same conditions as in Article 42 apply to late payment of late interest.

3.6. Compensations

Article 42 - The contracting parties agree that they will:

- compensate any mutual claims under the condition that they are of the same type (monetary) due, liquid and indisputable, up to the amount of the smaller claim, and in excess the claim will remain independent. One of the partners is entitled to declare the compensation on his own initiative, but he must inform the other party;

- participated and engaged in mandatory and chain compensations.

4.1. Warranty for material and apparent defects

Article 43 - The seller guarantees that the product he hands over to the buyer has no physical defects. The buyer must inspect the product upon receipt. If he finds any real fault, he must reprimand her immediately.

Article 44 - The seller takes into account the reprimand for material defects in accordance with the provisions of Article 461 of the Code of Obligations and the Consumer Protection Act only if they are justified and if the buyer immediately (within eight days at the latest) notifies the seller in writing, otherwise he loses the right to which he it comes from this address. The minutes must be signed by a three-member committee. For shipments in which the reason for the complaint arose during transport, the complaint record must also be co-signed by the carrier, or the buyer must submit a record from the dedicated railway station if the goods traveled by rail.

Article 45 - Claims of hidden defects are resolved in accordance with Article 462 of the Code of Obligations and the buyer informs the seller in the same way and at the same time as in the previous paragraph.

The seller is not responsible for hidden defects that become apparent after six months have passed since the goods were handed over to the buyer.

The buyer must keep the complaint goods until the complaint is resolved or until the seller's predisposal order, otherwise he is responsible for the resulting damage and costs. The buyer's assertion of a complaint suspends his obligation to pay for the goods delivered to him.

The seller gives the buyer a guarantee for the faultless operation of things within a certain time and to the same extent as that given to the seller by the seller's supplier.

If a warranty claim for defects is justified, the seller will replace the defective product immediately or at the latest within the same period as the defective product was delivered. All replacement costs are borne by the seller.

Article 46 - Further claims by the buyer, in particular a claim for compensation for damage that did not occur on the product that is the subject of delivery, are excluded, unless it is proven that the seller caused the damage intentionally or through gross negligence.

In relation to the sold goods, the seller shall be liable to the buyer for the resulting damage only if the buyer proves to the seller that the damage was caused intentionally or due to gross negligence.

Article 47 - The seller does not assume any responsibility for damage that occurs for the following reasons:

- incorrect handling of the device or disobeying the instructions for use,

- incorrect assembly or start-up by the customer or unauthorized third parties,

- damage that occurs as a result of continued use, even though a defect has occurred.

Article 48 - The warranty for defects is excluded if an unauthorized person tried to eliminate the defect.

The buyer has the right to correct the error himself or with the help of third parties only in urgent cases, i.e. if the safety of persons or things is at risk, or if the seller is late in correcting the complaint.

4.2. Guarantee for flawless operation

Article 49 - The buyer has the right to assert claims under the warranty for the flawless functioning of things within the time limit, under the conditions and as specified in the seller's warranty statement or warranty card.

Article 50 - The buyer loses his right under the warranty in the cases specified in the warranty statement, especially if the products are not installed professionally or in accordance with the instructions for installation and use.

Article 51 - The general warranty period for the seller's range of products is 12 months from the date of sale.

Article 52 - The seller reserves the right of ownership of the delivered products until full payment of the purchase price with interest and other costs of The retention of title also applies if the supplied product is installed in some other device.

Article 53 - If the buyer sells a product on which there is a reservation of ownership rights, based on this provision, the seller acquires an assigned claim that the buyer has against the new customer to secure his claim to the buyer.

Article 54 - The seller has the right to demand the delivery of the goods on which there is a reservation of ownership rights in all cases where the buyer does not settle the purchase price in full.

Article 55 - Until full payment of the purchase price, the buyer or client may not pledge or encumber the delivered items in any other way.

Article 56 - The seller's representatives can give the buyer oral and written technical recommendations regarding the use of the product or device to the best of their knowledge, but the companies are not bound in any way. Any potential buyer's claims against the company, including compensation claims, which are found to result from incorrect information provided by the seller's representatives, are also excluded.

Article 57 - If unforeseen obstacles or events arise during the course of business that do not depend on the seller's will or due to force majeure, if the economic significance changes significantly as a result, or if the circumstances significantly affect the seller's delivery, and if, after the conclusion of the transaction, it turns out that the orders cannot be fulfilled in full or in its essential components, the provisions of these terms and conditions shall be adapted accordingly to the newly created circumstances. The seller will inform the buyer of the aforementioned circumstances and at the same time provide him with the newly adjusted terms of sale.

If this is not possible, the seller has the right to withdraw from the order in whole or in part on the basis of a unilateral written statement. The seller must inform the buyer in writing of the reasons for withdrawing from the order as soon as they become known to him. If the seller withdraws from the order in accordance with the provisions of this point, the buyer has no right to claim any compensation.

Article 58 - The parties will try to resolve all disputes that arise from mutual cooperation or are related to these relations, primarily by agreement.

The court in Murska Sobota has local jurisdiction to resolve all disputes that the parties cannot resolve themselves or do not want to reach a compromise, through compensation claims.

Article 59 - These terms and conditions remain in force and bind the customer despite the legal invalidity of its individual articles and terms or certain points. The legal vacuum that arises due to the invalidity of individual articles or provisions of this contract must be replaced by the contractual parties by fulfilling the missing obligation in good faith and to the best of their ability and honesty in terms of the contractual provisions.

Article 61 - The general terms and conditions of sale come into effect on 1 January 2023 and are valid until canceled or issued with new ones.

PLASTRON d.o.o.

CEO Tomaž Korošec