General Terms and Conditions (TCs)

PELESIĆ d.o.o.
Hajrudina Mešića 186
BiH - 75207 Tuzla

Phone: +387 61 637 010
E-mail: office@pelesic.com

Status: May 2018

GENERAL TERMS AND CONDITIONS

I. GENERAL:

These General Terms and Conditions apply to all contracts (including distance selling) concluded with the company PELESIĆ.

The General Terms and Conditions apply to the sale and delivery of goods. Deviating terms and conditions of the buyer shall only be valid if we have agreed to them in writing or in writing. By placing an order, the customer declares that he agrees to these General Terms and Conditions and is bound by them.

II. ORDER ACCEPTANCE

Our offers are subject to change and non-binding. Orders by the buyer must be made in writing or in electronic form.

The offer created with our configurator (if used) conclusively contains all agreed services. Verbal agreements must be confirmed in writing by PELESIĆ in order to be valid. The offer is valid for three weeks.

The customer's order is an offer to us and leads to the conclusion of the contract. We will confirm receipt of the offer to you by sending an email to the email address you provided on the order form. In this e-mail or order confirmation, the configured goods, their total costs, any packaging and transportation costs and the total amount of the order are specified again.

Our AB represents the purchase contract.

The AB will be sent after receipt of the agreed deposit.

The customer can also make a down payment on an offer submitted by us and this makes the transaction ongoing.

Any payment made shall be deemed to have been accepted by the buyer.

III. RIGHT OF WITHDRAWAL

In the event of an unjustified withdrawal from the contract by the customer, we are entitled to demand either the damage suffered and lost profit, or a cancellation fee of 30%, without having to provide specific proof of damage.

Consumer Protection Act: The buyer can withdraw from the contract within one week of its conclusion if he is a consumer and has not made his contractual declaration in our business premises or exhibition stand.

Consumer Protection Act: The consumer may withdraw from a contract concluded at a distance or a contractual declaration made at a distance within seven days. It is sufficient if the declaration of withdrawal is sent within this period.

The withdrawal period is seven working days, whereby Saturday does not count as a working day. In the case of contracts for the supply of goods, it begins on the day of receipt by the consumer; in the case of contracts for the provision of services, it begins on the day the contract is concluded.

Consumer Protection Act: The consumer has no right of withdrawal for contracts for goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature.

IV. PRICES AND TERMS OF PAYMENT

Price and payment conditions are set out in the order confirmation. All payments must be made in accordance with these.

The prices stated in the order confirmation are fixed prices and will not be changed until the agreed delivery date.

Unless otherwise agreed in writing, a down payment of 50% of the agreed purchase price is due upon receipt of the order confirmation and the outstanding balance is due upon delivery (collection or delivery).

The Buyer shall have no right to refuse performance. The buyer has no right of retention.

The order confirmation must be checked immediately by the buyer to ensure that its content is correct. Any deviations from the order must be notified in writing at the latest by the time of down payment, otherwise the deliveries and services contained in the order confirmation shall be deemed irrevocably approved.

Copyrights and other industrial property rights are not transferred or made available for use by PELESIĆ in connection with offers, sales or deliveries.

In the event of culpable default of payment, we shall be entitled to charge 8% above the prime rate of the NBB as default interest. In addition, we shall be reimbursed for all reminder and legal costs necessary for appropriate legal action that are in reasonable proportion to the outstanding claim.

In the event of default in payment or the emergence of such circumstances in the financial circumstances of the customer that our claims no longer appear to be sufficiently secured (opening of insolvency proceedings or rejection of the opening due to insufficient assets, authorization of execution proceedings due to outstanding payment obligations), we shall be entitled to declare all outstanding claims due immediately with the simultaneous cessation of any further deliveries.

If the Contractor handles the dunning process itself, the Client undertakes to pay an amount of EUR 12.00 for each reminder sent, in addition to the interest and costs otherwise incurred.

We also reserve the right not to carry out any further deliveries or services if partial or total amounts from previous deliveries have not been paid. If old claims are settled, new deliveries can only be made against advance payment.

V. CANCELLATION, CHANGES, CONTACT DETAILS, EXCHANGE

Cancellation of the contract or a part of the contract after order confirmation is generally excluded. If the contract or a part of the contract is nevertheless canceled with PELESIĆ's consent before the start of production, the Buyer shall be obliged to pay a cancellation fee of 10% of the price agreed for the canceled goods.

Depending on the progress of the order, there are certain options for changing the order. These are subject to a charge.

However, delivery dates that have already been confirmed cannot be maintained in the event of changes and are deemed to have been canceled.

The Buyer must ensure that all relevant contact details (address, telephone number, e-mail, fax) are up-to-date and complete so that any queries can be dealt with. Should input errors or incorrect information on the part of the Buyer not allow this, any resulting delays - without prejudice to PELESIĆ's rights arising from the Buyer's default - shall be borne by the Buyer for the period by which the Buyer is in default with its obligations; this shall apply mutatis mutandis if a delivery date has been agreed.

In the event of subsequent amendments to the contract which may affect the delivery period, the delivery period shall be extended accordingly, unless special agreements have been made in writing.

An exchange of the goods is generally excluded.

VI. DELIVERY TIMES AND DELIVERY

The stated delivery dates are subject to change unless they are expressly agreed as fixed dates. Delivery on a specific date is only possible if the supplier plant also meets the specified deadline and no unforeseen difficulties arise. PELESIĆ shall not be liable for delays in delivery if a delivery plant is responsible for exceeding the delivery deadlines. The delivery periods shall commence at the earliest two days after receipt of payment (down payment) but not before final clarification of all technical delivery details and financial requirements. The agreed delivery period shall be extended - without prejudice to the rights arising from the Buyer's default - by the period by which the Buyer is in default with its obligations; this shall apply mutatis mutandis if a delivery date has been agreed. In the event of subsequent amendments to the contract which may affect the delivery period, the delivery period shall be extended accordingly, unless special agreements have been made in writing.

Unless full delivery has been expressly agreed, we are entitled to make partial or advance deliveries and to issue partial invoices for these.

If the delivery period or delivery date specified by us in the order confirmation is exceeded by more than 14 days, the Buyer shall be entitled, after setting a grace period of a further 14 days, to withdraw from the contract by written declaration if the ordered products have not yet been reported to him as ready for dispatch. Compensation for non-fulfillment or delay due to intent or gross negligence on the part of PELESIĆ is excluded. We are not liable for any fault on the part of suppliers.

Events of force majeure and other events that are not within the sphere of PELESIĆ, such as in particular delays in delivery by a sub-supplier as well as strikes, lock-outs and other circumstances that make delivery significantly more difficult or impossible, entitle us to cancel outstanding delivery promises or to extend the delivery period by the duration of the hindrance. In the latter case, the Buyer may demand a declaration as to whether we will withdraw from the contract or deliver within a reasonable period of time. If PELESIĆ is not prepared to deliver within a reasonable period, the purchaser may withdraw from the contract.

The goods are packed at the discretion of the supplier and will not be taken back. Handles and accessories are packed loose.

PELESIĆ has fulfilled its obligation and the risk is transferred to the buyer:

If collection is agreed, upon notification of readiness for dispatch.

If delivery of the goods to the specified address has been agreed. The customer is responsible for unloading the truck on site.

The Buyer undertakes to accept the goods provided by PELESIĆ at the agreed time. Even if the Buyer does not accept the goods provided in accordance with the contract at the contractually agreed time, the contract shall be deemed fulfilled by PELESIĆ.

PELESIĆ shall be entitled to store the goods at the Buyer's expense and risk if the Buyer fails to accept the goods on time and to claim from the Buyer the actual damage suffered and the loss of profit.

When shipping goods, PELESIĆ may select the means of transportation and the shipping route to the exclusion of any liability.

This exclusion does not apply if PELESIĆ has acted with gross negligence.

In the event of delivery or collection by the customer, the customer is obliged to check on site whether the product(s) requested by him are manufactured in accordance with his order. The customer confirms the non-objection of the accepted goods with his signature.

The buyer must ensure free access to the construction site and an appropriate storage area for the delivered goods. Furthermore, the buyer must ensure that a person authorized to accept the delivery is present at the place of delivery.

VII. COST ESTIMATE

If a cost estimate is provided by PELESIĆ, it will be prepared to the best of its knowledge, but no guarantee can be given for its accuracy.

VIII. RESERVATION OF TITLE

The delivered products remain the property of PELESIĆ until full payment of all claims arising from the business relationship between PELESIĆ and the purchaser. Payment shall only be deemed to have been made upon receipt of the purchase price by PELESIĆ.

IX. WARRANTY, GUARANTEE AND LIABILITY

Defects resulting from inadequate care, improper assembly or further processing are excluded from liability.

The goods must be checked for completeness and freedom from defects immediately upon acceptance. If the buyer is not a consumer, he must give notice of defects in writing without delay, but at the latest within 3 calendar days, and in any case before installation and assembly of the goods.

PELESIĆ reserves the right to replace or repair defective products in the event of production faults.

Proven defective goods delivered ex works shall, at PELESIĆ's discretion, only be replaced if a complaint is made in good time:

Repaired on site or at another location of PELESIĆ's choice.

Exchanged free of charge.

Returned to PELESIĆ for repair.

PELESIĆ cannot be held responsible for repairs carried out by the purchaser or by a third party without the consent of PELESIĆ, and the warranty claim for delivered products is therefore void.

PELESIĆ shall not be liable to pay compensation to the Buyer. However, this exclusion does not apply to damage caused by PELESIĆ intentionally or through gross negligence.

The warranty period shall not be extended by the rectification of defects. The buyer is responsible for the correctness of the dimensions and details specified by him, e.g. type of attachment, mounting direction, as well as for the technically correct solution of the plans and drawings submitted by him. PELESIĆ shall not be liable if the dimensions and details provided by the Purchaser are not correct and, as a result, PELESIĆ's delivery is unsuitable. The Buyer shall bear all necessary costs associated with improvement.

It is expressly agreed that PELESIĆ shall only be liable to the purchaser for replacement or repair of the defective goods (parts) and that the customer shall not be entitled to rescission or price reduction. A claim for damages shall only exist in the event of gross negligence on the part of the manufacturer, but not for consequential or other incidental damages, nor for operational downtime or other indirect damages. The reimbursement of expenses for removal and installation are excluded from the warranty.

The warranty periods stated by PELESIĆ begin on the date of delivery according to the documents of PELESIĆ.

Installation defects and all resulting malfunctions are the sole responsibility of the installation company concerned and are not covered by the PELESIĆ guarantee.

We accept no liability for improper use of our products and any expenses will be borne by the customer.

Any warranty claims or guarantee claims do not release the purchaser from his payment obligations. Offsetting by the Buyer with unconfirmed warranty or guarantee claims against claims by PELESIĆ is not permitted and is deemed to be excluded.

Warranty claims and guarantee services can only be claimed after full payment has been made.

Any warranty periods include the statutory warranty periods.

There is no guarantee or warranty for changes to the appearance of the surface, in particular as a result of soiling. Guarantee and warranty claims can only be asserted if the following points are observed:

External components are exposed to very high levels of stress due to aggressive environmental influences. Deposits can be caused by industrial fumes, aggressive fine dust/pollen dust and acid rain. Rain and condensation can corrode the surface and impair its appearance.

Surface damage caused by aggressive or abrasive cleaning agents, salt and salt scattering are excluded from the warranty and do not form the basis for warranty claims.

XI. PLACE OF JURISDICTION AND PLACE OF PERFORMANCE

All claims arising out of or in connection with this contract, including its formation, avoidance or nullity, shall be governed exclusively by Bosnian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (UNCISG).

The application of the Bosnian IPRG and other conflict-of-law rules is expressly excluded.

For legal actions brought by PELESIĆ, in particular those arising from the delivery of goods or orders or contracts, the jurisdiction of Tuzla - Inner City is agreed, without prejudice to the jurisdictions arising from the law. For legal actions against PELESIĆĆ, the jurisdiction of the court of Tuzla is agreed as the exclusive place of jurisdiction.

The place of performance for delivery and payment is Hajrudina Mešića 186, 75207 Tuzla.

XII. PRINT ERROR

We accept no liability for any printing errors in our advertising material or data errors in our online store or configurator due to slight negligence. You can then confirm your order again under the amended conditions. Otherwise, PELESIĆ is entitled to withdraw from the contract

XIII. OTHER

Any verbal ancillary agreements are canceled.

XIV. CONTRACT LANGUAGE

The content of the contract, all other information, customer service, data information and complaint handling are offered in German throughout.

XV. SEVERABILITY CLAUSE

Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of an invalid provision, the parties shall agree on a legally permissible provision that comes closest to the economic purpose of the invalid provision.

XVI. WRITTEN FORM

Any amendment to these terms and conditions or the provisions contained therein must be made expressly and in writing.

Any deviation from these or other formal requirements contained in these terms and conditions requires an express written agreement.

END

MONRI - WEBSHOP CONFORMITY INSTRUCTIONS

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2. PRIVACY POLICY
We are committed to protecting our customers' personal information so that we collect only the basic essential information about our buyers that is necessary to fulfill our obligations. We also inform our customers about how we collect information and regularly give them the opportunity to decide how their information is used, including the ability to decide whether their name should be included or omitted from lists used for marketing campaigns.
All user information is strictly protected and is only available to employees who need this information to complete the order.
All our employees and business partners are obliged to comply with the principles of data protection.

3. TERMS AND CONDITIONS

Acceptance of the General Terms and Conditions
By placing an order on our website, you accept our General Terms and Conditions, including our Privacy Policy.

Price changes
The webshop reserves the right to change prices. The prices valid at the time of the order apply to the entire purchase process. *In cases where software or human error, for example, lists products with an obviously incorrect price, Webshop reserves the right to cancel the order - a notification will be sent.

Changes to the product range
Webshop reserves the right to change the stock availability on the website and to remove items from the product range before a purchase has been registered.

Product information
We do our best to ensure that all content on our website is accurate. However, as we are only human, we reserve the right that unintentional errors may occur. The colors on your computer screen are not always 100% accurate.

Under 18 years old?
If you are under 18 years of age, you need the consent of your parents or legal guardians for purchases in this webshop.

Damage during transportation
All parcels sent are insured. If the parcel and/or contents are damaged on arrival, please report this to the courier on delivery. Do not use post to return goods to us as it is uninsured (and you will not be refunded if the parcel is lost). Always keep your receipt. If you notice any damage when unpacking your items, please contact us.

Shipping
Only customers with a valid European address can place orders in this webshop. Unfortunately, we are currently unable to deliver our products outside Europe.

4. CURRENCY CONVERSION
All payments are affected in BAM. The amount debited from your credit card account will be converted into your local currency according to the exchange rate of the credit card companies.