GENERAL TERMS AND CONDITIONS FOR THE ONLINE STORE OPIKAR, klimatizacija in čisti prostori d.o.o.
The purpose of these General Terms and Conditions of the online store OPIKAR klimatizacija in čisti prostori d.o.o. (hereinafter: “Terms and Conditions“) it is clearly define the rights and obligations of users (hereinafter: “User” or “Customers“) of the online store OPIKAR klimatizacija in čisti prostori d.o.o. (hereinafter: “Online Store” or “Provider“) when using the website, ordering, buying and selling goods available in the Online Store, and the business relationship between the Provider and the User. Any legal person who has made a purchase on the website http://dev.opikar.com/en/ is considered a Customer.
The Terms and Conditions cover with the operation of the Online Store Provider, the rights of the User/Customer and the business relationship between the Provider and the Customer. These Terms and Conditions govern the sale of goods available in the Online Store. A purchase made through the Online Store is considered a purchase made in accordance with the applicable regulations in the Republic of Slovenia. Delivery of goods purchased through the Online Store is provided by the Provider through its own resources and/or through contractual partners in the territory of the Republic of Slovenia. Before completing the purchase or placing the order, the Customer must confirm that they have read and agree with the Terms and Conditions of purchase, otherwise the order can not be submitted.
These Terms and Conditions can be amended at any time with new provisions; therefore, the Customer is advised to read them before any purchase and to print them or save them on their own suitable data medium. Each version of the Terms and Conditions is dated. The Customer is bound by the Terms and Conditions applicable at the time of placing the order.
Due to the nature of business via the World Wide Web, the offer in the Online Store is updated and changes frequently and quickly. The Provider strives to provide clear and comprehensive information to present the basic features of the sales items, which are stated on the item packaging, so the Provider is not responsible for any errors in information or misprints. The Provider strives to provide relevant images of all sales items on its website. Any aesthetic differences between the image and the actual item do not affect the specification of the item itself.
- Provider information
OPIKAR, klimatizacija in čisti prostori d.o.o.
Obrtniška ulica 6C
Registration number: 7180616000
Tax ID no.: SI36903825
- Contacts, assistance and additional questions
If you have additional questions about our offer or use of the Online Store, or just need more information, you can contact us at:
- E-mail: email@example.com
- : +386 40 729 402
The offer in the Online Store includes various items listed under sections displayed on each screen. The offer published on the website is for information purposes only and is not binding. The Provider reserves the right to reject the order if the item is no longer in stock or due to obviously incorrect prices resulting from errors in automated transfers, in which case you will be notified as soon as possible by e-mail.
The Provider also reserves the right to refuse delivery of goods to the Customer if the Customer has unpaid previous orders or is involved in a legal dispute with the Provider regarding a purchase through the Online Store or previous misuse of the Online Store system.
Submitted orders will be processed during business hours from Monday to Friday in the order of submission.
All prices in the Online Store are in euros and do not include value added tax, unless explicitly stated otherwise. The prices do not include delivery or postal costs. Delivery costs are listed with the order value calculation before the electronic confirmation of the order. As part of our current offers, delivery costs are occasionally waived, of which the User is informed before placing an order. Online prices are only valid for purchases in the Online Store. The Provider reserves the right to daily changes of product prices without prior notice.
The prices listed when the order was submitted or when the place order was received by the Provider’s information system apply. Specific product discounts and discount codes and are not cumulative. The purchase contract between the Provider and the Customer is concluded when the Provider confirms the order or the Customer receives an “Order confirmation” e-mail. From this moment on, all prices and other terms and conditions are fixed and are binding for the Provider and the Customer. The Provider reserves the right to withdraw from the contract without providing reasons within 60 days of order confirmation, in which case the contract is considered terminated, and each party is obliged to return everything it received from the counterparty. The images in the Online Store are symbolic.
- Purchase process
Ordering in the Online Store is possible in Slovene and English, online, 24 hours a day, 7 days a week. Items can be chosen and ordered from the list of items in the Online Store. All items are available until stocks run out.
The purchase process is simple and can be completed in six main steps, displayed on screen.
- a) Cart – offer
On this screen, you can view the items that you have previously added to the cart. You can change the desired quantity for each item or remove the item from the cart. You can add additional items to the cart by returning to the store using the menus in the top bar. When you have finished choosing the items, click on “Complete purchase” button and you will be redirected to the next page.
- b) Contact details
On this screen, you enter the contact information that the Provider needs to deliver the products. Mandatory information includes: Customer’s name and surname, name of the Customer’s company, tax number of the company, Customer’s address, contact telephone number and e-mail address. You can also add additional information that might help the Provider fulfil the online order.
- c) Delivery
The ordered items are delivered to the entered address anywhere in the EU.
Items are delivered using the service provider chosen by the seller or the service provider agreed by the seller and the Customer.
The delivery costs depend on the order.
- d) Payment and taxes
You can select a payment method on the Payment screen. You can choose between payment by debit or credit card and payment by proforma invoice.
The seller is responsible for corporate income tax (“Seller’s taxes”).
The Customer is responsible for all other taxes, duties, fees or other charges of any kind, in particular VAT, sales taxes, export or import duties, costs and fees, excise duties, and any other financial charges imposed by state or local authorities in relation to the contract or performance or payment (“Customer’s taxes”).
- e) Purchase completion
At the completion of the order, confirm that you fully understand and agree with the Terms and Conditions by checking the confirmation box. Click the “Pay now” or “Complete order” button to complete the purchase process. After completing the order on the website, you will receive an e-mail with all the details of your order and package delivery.
- f) Order confirmation
The purchase contract between the Provider and the Customer is concluded when the Provider confirms the order (the Customer receives an “Order confirmation” e-mail). From this moment on, all prices and other terms and conditions are fixed and are binding for the Provider and the Customer. The Provider reserves the right to withdraw from the contract within 60 days without stating the reasons; in this case, the contract is terminated, and each of the parties is obliged to return what they have received from the transaction.
- Customer’s right to withdraw from the contract
The Customer can terminate the contract if the seller:
(i) becomes insolvent; or
(ii) commits a substantial breach of contract that the seller refuses or otherwise can not remedy, provided that: (a) the Customer calls upon the seller to fulfil the contract and informs the seller of their intention to terminate the contract; and (b) the seller fails to diligently remedy the breach of the contract within 30 days of receipt of the notification.
If the Customer withdraws from the contract, the seller refunds the purchase price for the undelivered part of the obligations to the Customer, and the Customer is obliged to settle any unpaid amounts for the delivered part of the products or services rendered.
The seller can terminate the contract:
(i) if the Customer becomes insolvent; or
(ii) if the Customer commits a substantial breach the contract, such as cancellation of payment security, late payment or the like; or
(iii) within 60 days of conclusion of contract, without listing reasons.
If the contract is terminated by the Customer without any fault on the part of the seller, the Customer is obliged to pay the full contract price.
Either the Customer or the seller can terminate the contract in case of force majeure that prevents fulfilment of contract for more than 30 days.
Either party may propose amendments to the contract at any time. The seller is not obliged to comply with any amendment until both parties agree to such an amendment in writing. The subject, contract price, deadlines, and other provisions shall be adjusted fairly based on additional costs or obligations incurred by the seller as a result of the required amendments. Unless the parties agree otherwise, the prices for additional work or changes resulting from such requests are charged according to the seller’s price list.
- Warranty claims
8.1. Warranty claims upon delivery
Complaints and warranty claims regarding items must be submitted in writing upon delivery directly to the delivery person. Any subsequent warranty claims are to be resolved in accordance with Article 8.2 of these Terms and Conditions.
8.2. Warranty and material defects
Items are under warranty if it is so stated on the warranty card, invoice or on the advertising message or if so required by applicable regulations. The Provider of the item guarantees its quality or flawless operation within the warranty period if the Customer uses the item in accordance with its intended purpose and the enclosed instructions. The warranty period begins on the day of delivery of the goods.
If the customer wishes to claim warranty, they can do so in writing using the e-mail address listed in Article 3 above. The warranty claim must include the findings regarding the defect of the goods and the request for its rectification, as well as the warranty certificate and a copy of the invoice. Detailed instructions are located on the enclosed warranty certificate, if attached to the specific item. When claiming warranty, the Customer shall allow the Provider to check the item.
The Customer can exercise their right arising from a material defect if they notify the Provider of the defect within the statutory period. The Customer shall allow the Provider or Provider’s representative to check the item.
An item has a material defect when:
- The item does not have the features necessary for its normal use or transaction.
- The item does not have the features necessary for special use for which the Customer has made the purchase, but of which the Provider was aware of or should have been aware of.
- The item does not have the features and characteristics that were explicitly or implicitly agreed upon or prescribed.
- The Provider has delivered an item that does not match the sample or model; the only exceptions are samples or models shown for notification purposes.
The Customer shall inform the Provider of any material defect with its exact description and by submitting a copy of the invoice. The provisions of Obligations Code shall apply to any claims of material defects.
If the products do not comply with the warranty, the Customer must immediately notify the seller in writing before the end of the warranty period. The seller may repair or replace the relevant products at its discretion. If despite the appropriate efforts of the seller, the product can not be repaired or replaced, or the inadequate service can not be performed again, the seller shall provide a refund to the Customer. Any warranty repair or replacement does not extend or renew the warranty period. The Customer shall inform and invite the seller to any test of conformity of the equipment, and allow the seller to repeat such tests either by itself or through a selected contractor.
The warranty is valid provided that: (a) the products or equipment are properly stored, installed, used, commissioned and maintained, all in accordance with the instructions and terms and conditions of the seller; (b) the Customer keeps accurate and complete records of operation and maintenance during the warranty period and provides access to these records to the seller; and (c) the Customer does not modify or tamper with the products without the written permission of the seller. Failure to do so voids the warranty. The seller shall not be held responsible for normal wear and tear.
This article exclusively defines the scope of the Customer’s rights in the event of a defect in the product or service, regardless of any other legal rights that the Customer may have, which the Customer expressly waives. The seller expressly disclaims any tacit or implied warranties unless expressly acknowledged by the seller’s legal representative.
- Delivery and acceptance of ordered goods
The Provider is expected to prepare the item for shipment and to send it to the address specified by the Customer in the contact form (Article 6.c) of the submitted order within 2 working days, and no later than within 30 days from the date when the Customer received the order acknowledgement.
If the delivery time is unexpectedly extended by more than stated in the Terms and Conditions, the Customer shall be notified by phone, e-mail or regular mail. In the event of any unexpected order complications or delays, the Customer shall receive a notification via e-mail. The Customer shall also be informed of the estimated delivery time in the e-mail.
Delivery is made to the door of the building at the address specified by the Customer in the contact form (Article 6.c) when placing the order.
Items are delivered using the postal or delivery service provider chosen by the Provider or the delivery service provider agreed by the Provider and the Customer. If so needed, the Provider reserves the right to choose another delivery service provider.
The Provider reserves the right to partial shipments of a specific order.
If the Customer is not available at the chosen address, the delivery person shall try to deliver the ordered items again. If subsequent delivery is not successful, the package shall be returned to the sender.
The delivery service provider reserves the right to verify the identity of the recipient of the goods in an appropriate manner (checking the identity document), as this will ensure that the ordered items are delivered to the right customer. The information on identity document may be copied for the purpose of proof of identification. Acceptance of the shipment by a person other than the registered User is possible only on the basis of a written authorisation and identification of the recipient with a valid identity document. Upon acceptance, the Customer confirms the quantity and quality of the ordered items by signature.
The Provider may call the Customer using their contact telephone number to verify the data or to ensure the accuracy of the delivery.
The seller is not liable for damages and does not violate its obligations under this contract if it is unable to prevent delays in delivery due to causes beyond its control, such as natural disasters, riots, epidemics, general strikes, state security measures or other similar disruptions. To avoid any doubt, delays in the performance of services and deliveries by subcontractors or suppliers are also considered force majeure if the seller proves that it exercised due diligence to ensure that the delivery deadlines are met. In the event of force majeure, the delivery times shall be extended accordingly.
The Provider does not assume any responsibility for damage that would occur due to longer delivery times or non-delivery of goods if the damage occurred through no fault of the Provider. In no case shall the Provider be liable for damages from lost profits or other indirect damages. The Provider shall not be held liable for damage or defects on the product that would occur during the transport of goods during delivery.
- Acceptance of items returned from warranty examination, material defect or withdrawal from the contract
The Customer is obliged to accept the item delivered to the Provider for warranty or other examinations after the examination is completed. The Provider sends such items to the Customer by post in the manner defined in Article 9 of these General Terms and Conditions.
The seller and the Customer may, in connection with the performance of this contract, allow the other party to disclose confidential information that is considered a business secret. Confidential information includes:
- information marked as such; and
- information that is considered confidential in normal business practice.
The recipient of confidential information undertakes:
- to use confidential information only in connection with the contract and the use of products and services;
- to take appropriate measures to prevent the disclosure of confidential information to third parties;
- not to disclose confidential information to a competitor of the party providing the information. Regardless of these restrictions:
(a) the seller may disclose confidential information to its subsidiaries and subcontractors in connection with the performance of the contract;
(b) the recipient may disclose confidential information to its auditors;
(c) the Customer may disclose confidential information to its lenders, if necessary for the Customer to secure or maintain financing;
(d) the recipient of the information may disclose confidential information to any third party with the prior written consent of the initial holder of confidential information.
The recipient of confidential information undertakes to return the confidential information or destroy all copies of confidential information upon request, unless expressly permitted otherwise by the contract. The seller may keep one archive copy of the Customer’s confidential information.
The obligations defined in this article shall not apply to confidential information that:
- are or become available to the general public, except as a result of disclosure by the receiving party;
- are legally acquired by the receiving party from a third party;
- are independently developed by the receiving party;
- must be disclosed due to legal proceedings and by law, and the receiving party has notified the provider of confidential information in advance.
Each contracting party warrants that it has the right to disclose confidential information disclosed to the other party. Neither party shall make a public statement about the business relationship or the other party without prior written consent of the other party. Restrictions on the disclosure of confidential information last for 5 years.
- Complaints and disputes
The seller shall act in accordance with industry standards applicable to the manufacture of products and the performance of services. When using the equipment, the Customer shall act in accordance with the laws and standards applicable to the installation, operation, use and disposal of products and services.
The total liability of the seller for all claims of any kind arising out of or in connection with the sale of products or the provision of services may not exceed the contract price.
The seller is not liable for loss of profit or income or any special, consequential, accidental, indirect damage or contractual penalty that the Customer might incur.
Due to unforeseen circumstances of chemical and physical processes, the seller guarantees the planning, development, design and engineering services only for the efforts in accordance with the due diligence of a good expert and not for the final success, unless it explicitly undertakes otherwise in writing.
The Online Store and all data on it, such as texts, images of items, graphic and video elements are protected by the Copyright and Related Rights Act and may not be reproduced or used without prior written permission. Trademark “OPIKAR” number 018389769 and logo “OPIKAR”:
both registered on 26 May 2021, are owned by company OPIKAR klimatizacija in čisti prostori d.o.o.
The Provider complies with applicable legislation. The Provider shall strive to the best of its abilities to fulfil its duty to implement an effective system for complaint management, and to appoint a person that can be contacted by a Customer by telephone or e-mail in the event of problems. Any customer complaints are to be submitted via e-mail to the e-mail address: firstname.lastname@example.org. The complaint handling procedure is confidential.
The seller will endeavour to resolve any disputes amicably. If an amicable solution can not be reached, the dispute shall be resolved by the competent court in Ljubljana. The applicable law of the Republic of Slovenia applies.
- Consumer relationships
The seller reserves the right to refuse to conclude a contract with the consumer within the meaning of EU law. It is not possible for consumers to buy products from the Online Store; if interested in purchasing products from the Online Store, consumers should contact the seller directly.
For any relationships arising from these General Terms and Conditions, the seller does not recognise any out-of-court consumer dispute resolution providers as competent for resolving disputes that the Customer might initiate in accordance with the legislation governing out-of-court settlement of disputes.
- Final provisions
The seller regularly updates its Terms and Conditions with legislative changes. The seller reserves the right to make occasional substantive corrections and changes to the Terms and Conditions. The seller provides an archive of changes to the Terms and Conditions with listed dates. These are available upon Customer’s written request.
The current Terms and Conditions are published on the Provider’s website.
The Terms and Conditions apply to all Customers of the seller’s website.
The Terms and Conditions are binding for all legal transactions concluded on their basis through the seller’s website.
Terms and Conditions are an integral part of the Customer’s order.
The Customer confirms that they have read and agree with these Terms and Conditions before ordering the product.
The Terms and Conditions apply to all Customers and purchases, regardless of the country from which the Customer accesses the Online Store.
These Terms and Conditions are published and enter into force on 20.12.2021.
Published on 20.12.2021.