Privacy Policy

GENERAL CONDITIONS FOR THE OPERATION OF THE ONLINE STORE – OPIKAR klimatizacija in čisti prostori d.o.o.

 

1 General

The purpose of these General Terms and Conditions (GTC) of OPIKAR klimatizacija in čisti prostori d.o.o. (hereinafter referred to as “Terms and Conditions”) is to clarify the rights and obligations of users (hereinafter also referred to as “Customers”) of the online shop OPIKAR klimatizacija in čisti prostori d. o.o. (hereinafter also referred to as the “Online Shop” and the “Provider”) when using the Website, ordering, purchasing and selling the goods available in the Online Shop, as well as to clearly define the business relationship between the Provider and the User. A customer is understood to be any legal entity that has made a purchase on the website https://www.opikar.com/shop.

The terms and conditions regulate the operation of the online shop Provider, the rights of the user/buyer and the business relationship between the Provider and the buyer. These terms and conditions regulate the sale of goods offered in the online shop. A purchase made through the online shop is deemed to have been made in accordance with the regulations in force in the Republic of Slovenia. The delivery of goods purchased through the Online Shop is ensured by the Provider through its own means and/or through contractual partners on the territory of the Republic of Slovenia. Before completing the purchase or placing the order, the customer must confirm by clicking that he/she has read and agrees with the terms and conditions of purchase, otherwise he/she cannot place the order.

These terms and conditions may be amended at any time to include new terms and conditions and the customer is therefore advised to read and print them out or save them on a suitable durable medium before making a purchase. Each version of the Terms and Conditions is dated separately. The buyer is bound by the terms in force at the time of the order.

Due to the nature of online business, the offer in the online shop is updated and changes frequently and quickly. The Vendor endeavours to provide clear and detailed information to represent the basic characteristics of the sale items as indicated on the item’s packaging and the Vendor shall not be liable for any errors in the information or misprints. The Vendor shall endeavour to provide adequate images of all Sale Items on its Website. Any aesthetic differences between the image and the actual item will not affect the specification of the item itself.

 

2 Provider details

OPIKAR, klimatizacija in čisti prostori d.o.o.

Obrtniška ulica 6C

1370 Logatec

Company registration number: 7180616000

Company tax number: SI 36903825

 

3 Contact, assistance and further questions

If you have any further questions about our offer or the use of our online shop, or simply need more information, please do not hesitate to contact us:

E-mail address: info@www.opikar.com

Phone number: +386 40 729 402

 

4 Products

The online shop’s offer includes various items displayed in the sections visible on each screen. The offers published on the website are for information purposes only and are not binding. The Supplier reserves the right to refuse an order if an item is no longer in stock or due to obviously incorrect prices resulting from errors in automatic transmissions, which will be communicated to you by e-mail as soon as possible.

The Provider also reserves the right to refuse to deliver goods to the Customer if the Customer has had open orders in the past or is in a legal dispute with the Provider in connection with the purchase via the Online Shop, in the event of previous misuse of the Online Shop system.

Orders are processed during business hours from Monday to Friday in the order in which they are received.

 

5 Prices

All prices in the online shop are in euros and do not include VAT unless expressly stated otherwise. The prices do not include delivery or shipping costs. The shipping costs are indicated when calculating the order value before the electronic confirmation of the order. Within the scope of current offers, free delivery is occasionally possible, which is pointed out to the user before the order is placed. The online prices only apply to purchases in the online shop. The Provider reserves the right to change the prices of the product range on a daily basis without prior notice.

The prices in force at the time of the order or at the time of receipt of the order in the supplier’s computer system shall apply. The discount for each item and the discount codes are not cumulative. The purchase contract between the supplier and the buyer is concluded at the time the supplier confirms the order or the buyer receives the “order confirmation” e-mail. From this point on, all prices and other conditions are fixed and apply to both the supplier and the buyer. The supplier reserves the right to withdraw from the contract within 60 days of the order confirmation without giving any reason, in which case the contract shall be deemed to be dissolved and each party shall be obliged to refund all monies received from the other party. The images in the online shop are symbolic.

 

 

6 Buying procedure

Ordering in the online shop is done in Slovenian and English online 24 hours a day, 7 days a week. You can select and order items from the list of items in the online shop. All items are available while stocks last.

The purchase process is simple and is carried out in six steps on the screens:

 

1a) Shopping cart – products

On this screen you can see the items you have previously added to your shopping cart. For each item, you can change the quantity you want or remove it from your basket. You can add more items to your basket by going back to the shop via our offers menus in the top bar. When you have finished your selection, click on the “Complete Shopping” button and you will be redirected to the next page.

 

1b) Entering contact information

On this screen you can enter the contact details that the supplier needs to deliver the products. This is the required information. You can also add any additional information you think will be useful for the online order.

 

1c) Delivery

Your order will be delivered to the address of your choice throughout the EU.

Delivery is made via a service Provider of the seller’s choice or as agreed with the buyer.

Delivery costs vary depending on the order.

 

1d) Payment and taxes

On the “Payment” screen you can select your payment method. You can choose between payment by direct debit or credit card and payment by invoice.

The seller is responsible for corporate income tax (“Seller’s Taxes “).

The Buyer is liable for all other taxes, duties, fees or other charges of any kind, including but not limited to VAT, sales taxes, export or import duties, costs and charges, excise duties and any other financial charges imposed by national or local authorities in connection with the Contract or performance or payment (“Buyer’s Taxes”).

 

1e) Completion of purchase

When you complete your order, you confirm that you have fully understood and accept the Terms and Conditions by clicking the checkbox. When you click the “Pay Now” or “Complete Order” button, you complete the checkout process. Once you have completed your order on the website, you will receive an email with all the details about your order and the delivery of your shipment.

1f) Purchase confirmation

The purchase contract between the supplier and the buyer is concluded at the moment the supplier confirms the order (the buyer receives the e-mail with the “order confirmation”). From this moment on, all prices and other conditions are fixed and apply to both the supplier and the buyer. The supplier reserves the right to withdraw from the contract within 60 days without giving any reason. The contract ends and each party is obliged to repay the remuneration received up to that point.

 

7 Right of the Buyer to withdraw from the contract

The Buyer can terminate the contract if the Seller

  • becomes insolvent; or
  • commits a material breach of the Contract which the Seller is unwilling or otherwise unable to remedy, provided that: (a) the Buyer notifies the Seller of the performance of the Contract and of its otherwise intention to terminate the Contract; and (b) the Seller does not commence remedying the breach within 30 days of receipt of the notice.

If the buyer withdraws from the contract, the seller shall refund to the buyer the purchase price for the undelivered part of the obligation and the buyer shall be liable for the unpaid amounts for the delivered part of the products or services.

The Seller can terminate the contract if the Buyer

  • becomes insolvent, or
  • commits a material breach of contract, such as cancelling payment securities, defaulting on payment or similar, or
  • withdraws from the contract within 60 days of the conclusion of the contract without giving any reason.

 

If the contract is terminated by the buyer through no fault of the seller, the buyer is obliged to pay the full contract price.

Both the buyer and the seller may terminate the contract if force majeure prevents performance for more than 30 days.

Either party may propose amendments to the contract at any time. The Seller shall not be obliged to comply with the amendments until both parties have agreed to such amendments in writing. The subject matter of the Contract, the Contract Price, the time limits and other provisions shall be reasonably adjusted taking into account any additional costs or liabilities incurred by the Seller as a result of the requested changes. Unless otherwise agreed by the parties, prices for additional work or changes resulting from such requests shall be calculated in accordance with the Seller’s price list.

 

 

 

 

8 Claims

8.1 Claims on delivery

Complaints and objections to the goods must be notified to the supplier in writing directly at the time of delivery. Subsequent complaints shall be dealt with in accordance with Article 8.2. of these terms and conditions.

 

8.2 Warranty and material defects

The products are guaranteed if this is stated in the guarantee certificate, on the invoice or in the advertising message or if the applicable regulations provide for this. The supplier guarantees the quality of the product or its proper functioning within the warranty period, provided that the customer uses the product in accordance with its intended use and the instructions supplied. The warranty period begins on the day of delivery of the goods.

If the buyer wishes to make a claim under the guarantee, he may do so in writing via the e-mail address mentioned in point 3. He must state his findings regarding the defect in the goods and his request for rectification and present the warranty certificate and a copy of the invoice. Detailed instructions can be found on the enclosed warranty card, if available. When making a claim under the guarantee, the buyer must give the supplier the opportunity to inspect the goods.

The Purchaser may assert its rights arising from the material defect if it notifies the Supplier of the defect within the statutory period. The Purchaser shall allow the Supplier or its agents to inspect the goods.

A material defect exists in particular if

  • the goods do not have the properties required for their normal use or circulation;
  • the goods do not have the properties required for the particular purpose for which the purchaser acquires them and the supplier knew or should have known this;
  • the goods do not have the expressly or tacitly agreed or prescribed properties and qualities;
  • the supplier has delivered goods which do not correspond to a sample or model; samples or models exhibited for information purposes only shall be excluded.

The Purchaser must notify the Supplier of any material defect, giving a precise description of the defect and enclosing a copy of the invoice. The provisions of the Code of Obligations shall apply to the notification of material defects.

If the Products do not comply with the warranty, the Buyer shall immediately notify the Seller in writing before the expiry of the warranty period. The Seller may, at its option, repair or replace the Products concerned. If, despite the Seller’s reasonable efforts, the Product cannot be repaired or replaced or the defective performance cannot be re-performed, the Seller shall refund the amounts paid by the Buyer. Repair or replacement shall not extend or renew the warranty period. The Buyer shall notify the Seller and invite the Seller to a conformity test of the Equipment and allow the Seller to repeat this test either itself or through a contractor of its choice.

The warranty is conditional upon (a) the products or equipment being properly stored, installed, used, commissioned and maintained in accordance with Seller’s instructions and conditions, (b) Buyer maintaining accurate and complete operation and maintenance records during the warranty period and providing Seller with access to such records, and (c) the products not being altered or tampered with without Seller’s written consent. Failure to comply with these conditions will invalidate the warranty. Seller shall not be liable for normal wear and tear.

This article exclusively determines the scope of the rights to which the buyer is entitled in the event of a defect in the product or service, without prejudice to any other legal rights to which the buyer may be entitled and which he expressly waives. The Seller expressly disclaims any implied or implied warranty, unless expressly recognised by the Seller’s legal representative.

 

9 Delivery and collection of ordered goods

The Provider shall prepare the goods for dispatch and send them to the address indicated by the Purchaser in the contact form (point 6c) when placing the order, within a maximum of 2 working days and no later than 30 days from the date on which the Purchaser receives confirmation of receipt of the order by e-mail.

If the delivery time is unexpectedly extended beyond the time specified in the General Terms and Conditions, the buyer will be notified by telephone, e-mail or post. In the event of unexpected complications or delays in the order, the buyer will be notified by e-mail. The buyer will also be informed by e-mail of the estimated delivery time.

Delivery will be made to the door of the house at the address indicated by the buyer in the contact form (point 6c) when placing the order.

Delivery shall be made via a postal service Provider or a delivery service of the supplier’s choice or as agreed with the buyer. The supplier reserves the right to choose a different delivery service if necessary.

The supplier reserves the right to deliver multiple orders.

If the buyer cannot be reached at the selected address, the delivery service will try again to deliver the ordered items. If the redelivery is unsuccessful, the package will be returned to the sender.

The delivery service reserves the right to verify the identity of the person receiving the goods in an appropriate manner (by inspecting the identity document) to ensure that the ordered goods are delivered to the correct customer. The details in the identity document may be overwritten for the purpose of identity verification. The collection of a consignment by a person other than the registered user is only possible on the basis of a written power of attorney and the identification of the person collecting the consignment with a valid identity document. Upon acceptance, the customer confirms the quantity and quality of the ordered items by signing.

The supplier may call the buyer’s contact telephone number to verify the information or to ensure the accuracy of the delivery.

The Seller shall not be liable for any damages and shall not be in breach of its obligations under this contract to the extent that it is unable to prevent delays in delivery due to causes beyond its control, such as natural disasters, riots, epidemics, general strikes, governmental security measures or other similar labour disturbances. For the avoidance of doubt, delays in the performance of services and deliveries by subcontractors or suppliers shall also be deemed to be force majeure if the Seller proves that it has exercised the diligence of a prudent businessman to ensure compliance with the delivery deadlines. In the event of force majeure, the delivery periods shall be extended accordingly.

The Provider is not liable for damage caused by longer delivery times or non-delivery of the goods if the damage was caused through no fault of the Provider. In any case, the supplier is not liable for damages due to loss of profit or other indirect damages. The supplier is not liable for damage or defects to the product that occur during the transport of the goods upon delivery.

 

10 Collection of items returned due to warranty, material defects or withdrawal from the contract

The Purchaser is obliged to take delivery of the item that he has handed over to the Vendor for warranty or other processing after the processing has been completed. The Supplier shall send this item to the Purchaser by post in the manner specified in clause 9 of these General Terms and Conditions.

 

11 Confidentiality

The Seller and the Buyer may, in connection with the performance of this Agreement, permit the other to disclose Confidential Information that is considered a trade secret. Confidential information is information

  • that is identified as such, and
  • that is considered confidential in the normal course of business.

 

The recipient of confidential information undertakes

  • to use the confidential information only in connection with the contract and the use of the products and services,
  • to take reasonable measures to prevent the disclosure of the confidential information to third parties,
  • and not to disclose the confidential information to a competitor of the party providing the information. Notwithstanding these restrictions,
  • the Seller may disclose Confidential Information to its Affiliates and subcontractors in connection with the performance of the Contract,
  • the data recipient may disclose confidential information to its auditors,
  • the Data Recipient may disclose Confidential Information to its lenders if necessary for the Buyer to secure or maintain financing,
  • the Data Recipient may disclose the Confidential Information to third parties only with the prior written consent of the original owner of the Confidential Information.

The recipient of the Confidential Data agrees to return the Confidential Data upon request or to destroy all copies of the Confidential Data unless expressly permitted by the Contract. The Seller may also retain an archival copy of the Customer’s Confidential Data.

The obligations under this Article shall not apply to confidential information

  • that is or becomes publicly available, unless the receiving Party has disclosed it;
  • that the receiving Party has lawfully acquired from a third party;
  • independently developed by the receiving Party;
  • if the disclosure is necessary for legal proceedings and required by law and the receiving Party has informed the Provider of the confidential information in advance.

Each party warrants that it has the right to disclose confidential information that it communicates to the other party. Neither party shall make any public statements about the business relationship or the other party without the prior written consent of the other party. The restrictions on the disclosure of confidential information shall apply for a period of 5 years.

 

12 Complaints and disputes

Seller will operate in accordance with industry standards applicable to the manufacture of Products and the provision of Services. The Buyer will comply with the laws and standards applicable to the installation, operation, use and disposal of the Products and Services when using the Equipment.

The Seller’s total liability for all claims of any kind arising out of or in connection with the sale of Products or the provision of Services cannot exceed the Contract Price.

The Seller shall not be liable for any loss of profit or revenue or for any special, consequential, incidental, indirect or punitive damages suffered by the Buyer.

In the case of planning, development, construction and engineering services, due to the imponderability of chemical and physical processes, the Seller only guarantees the efforts made to the best of its knowledge and belief, but not the final success, unless this has been expressly promised in writing.

The online shop and all information contained therein, such as texts, item images, graphics and video elements, are protected by copyright and may not be reproduced or used without prior written permission. The “OPIKAR” trademark number 018389769 and the “OPIKAR” logo are:

both registered on 26 May 2021 and are the property of OPIKAR klimatizacija in čisti prostori d.o.o..

The Provider shall comply with the applicable legal provisions. It shall use its best endeavours to comply with its obligation to establish an effective system for handling complaints and to designate a person to whom the customer can contact by telephone or e-mail in the event of problems. The Buyer must send a complaint by e-mail to the following e-mail address: info@www.opikar.com. The complaint handling procedure is confidential.

The Seller shall endeavour to settle any disputes amicably. If no agreement can be reached, the court in Ljubljana shall have jurisdiction. The applicable law is the law of the Republic of Slovenia.

 

13 Consumer policy

The Seller reserves the right to refuse to enter into a contract with a consumer within the meaning of EU law. Consumers cannot purchase products via the online shop and must contact the seller directly if they wish to purchase products and the online shop.

For the relationship arising from these General Terms and Conditions, the Seller does not recognise out-of-court consumer dispute resolution Providers as competent for the resolution of disputes that the Buyer may bring under the legislation on out-of-court dispute resolution.

 

14 Final provisions

The Seller regularly updates the Terms and Conditions to reflect changes in the law. The Seller reserves the right to make corrections and amendments to the Terms and Conditions from time to time. The Seller shall make available a dated archive of amendments to the General Terms and Conditions. These are only accessible upon written request by the Buyer.

The applicable terms and conditions shall be published on the website of the Provider.

The General Terms and Conditions (GTC) apply to all buyers of the Seller’s website.

The GTC are binding for all legal transactions concluded on the basis of the GTC via the Seller’s website.

The General Terms and Conditions are an integral part of the Buyer’s order.

The buyer confirms that he/she is aware of and accepts these conditions before ordering the product.

The General Terms and Conditions apply to all buyers and purchases, regardless of the country in which the buyer is based.

These General Terms and Conditions are published and come into force on 20 December 2021.

 

Published on 20 December 2021.