General Sales Conditions of the company Bevec d.o.o.
These General Conditions are available on the website www.bevec.si and are in effect as of November 1, 2021.
The Seller reserves the right to amend the provisions of these General Conditions at any time.
1. General1.1. All of our offers, as well as any sale or supply of goods or services by Bevec d.o.o., are subject to the following terms and conditions.
1.2.The Buyer's or any other conditions from the General Sales Conditions are only valid if confirmed in writing by Bevec d.o.o.
1.3. Any other agreements are valid only if they have been confirmed in writing by Bevec d.o.o. Our e-mail confirmations are also considered confirmations in writing.
1.4. Confirmed agreement on the deviation of an individual point from the General Sales Conditions of the company Bevec d.o.o. has no bearing on the validity of other points or provisions of these conditions.
1.5. When placing an order, the Buyer or Customer accepts and acknowledges the General Sales Conditions of the company Bevec d.o.o.
2. Offers, orders2.1. Our offers are non-binding. Following our written confirmation, the Buyer's order becomes binding on us.
2.2. Issuance of a pro forma invoice: the obligations of the company Bevec d.o.o. begin on the day of payment of the amount specified in the pro forma invoice, which also serves as the basis for order confirmation.
2.3. Although we make every effort to provide accurate photographs of the products we sell, all photographs should be interpreted as symbolic. Pictures do not guarantee the product features. Sketches, technical drawings, and other appendices or documents attached to the offer are only binding if explicitly specified in the order. These attachments or documents are only for the buyer's personal use and may not be reproduced or made available to third parties without our written permission.
2.4. If the buyer cancels the order, the buyer is obligated to reimburse Bevec d.o.o. for all costs of goods and work incurred in connection with the same order up to the date of cancellation.
2.5. In the case of a buyer's recall order, only the buyer is required to recall the goods within the time frame specified in the order. Otherwise, the company Bevec d.o.o. may set a delivery deadline or even waive the obligation to deliver the remaining goods at its discretion. The payment deadline starts on the day of dispatch of the goods.
2.6. Notwithstanding the preceding paragraph, the buyer may not cancel or change the order after receiving written confirmation from the Seller if the goods are made according to the buyer's instructions and plans, or exclusively for the buyer, unless the Seller expressly agrees.
3. Limitation of liability and price3.1. While Bevec d.o.o. makes every effort to ensure the accuracy and up-to-datedness of the information published on the website, product characteristics, delivery time, or price may change so quickly that Bevec d.o.o. fails to correct the information published online. In such a case, we will notify the buyer of the changes and give him the option to change or cancel the order.
3.2. Company Bevec reserves the right to adjust prices in the event of changes in global commodity prices, labour costs, and other operating costs, as well as changes in exchange rates, even for deliveries that have not yet been delivered on the effective date of the price adjustment.
4. Delivery period4.1. The delivery period begins after the resolution of any ambiguities regarding the order, i.e., after the order is confirmed by the company Bevec d.o.o.
4.2.The delivery period or date is the day the goods are shipped from our warehouse or the day the buyer is notified that the goods are ready for collection.
4.3. We reserve the right to make partial deliveries.
4.4. The confirmed delivery period may be extended in the event of a subsequent change in the buyer's order (quantity, technical specifications of goods, etc.) and in circumstances over which Bevec d.o.o. has no control, i.e., in cases of force majeure. We understand that delivery times may be extended due to major machine breakdowns in our supplier's factory or in the company Bevec d.o.o., strikes, natural and other disasters, martial law, and the like. We also consider a significant extension of our suppliers' delivery periods due to the extension of their sub-suppliers' delivery periods to be a force majeure. In such cases, the delivery period is extended by the time of force majeure and the time required to restart production at our supplier.
4.5. In the event of a delivery delay, the buyer may set a new reasonable delivery period within which the company Bevec d.o.o. must deliver the goods, or the buyer may withdraw from the order without obligation.
4.6. If the buyer suffers damage as a result of a delivery delay caused by the fault of the company Bevec d.o.o., he is entitled to compensation for the delay. Compensation can be up to 0.5% of the value of delivery for each week of delay, or up to 5% of the total value of partial delivery of goods that the buyer could not use in time and in accordance with the order, and the buyer can withdraw from the order.
5. Dispatch of goods and transfer of risk5.1. The provisions of the International Chamber of Commerce in Paris, i.e., the INCOTERMS 2000 regulations, apply to the interpretation of the delivery condition or the dispatch of goods.
5.2. The delivery or dispatch point for the supply of goods is Dispatch at the headquarters of Bevec d.o.o. in Novo mesto in Slovenia.
5.3. The risk of loss of or damage to the goods is transferred to the buyer by handing over the goods to the carrier, freight forwarder or the customer in person.
5.4. Goods that are ready for personal collection must be collected by the customer within 5 working days. Otherwise, it can be sent or stored at the expense and risk of the customer. The risk of loss or damage to the goods is transferred to the customer five working days after storage.
5.5. Any technical acceptance of the goods, that is, the procedure, location, and time of technical acceptance, must be agreed upon prior to the delivery period. The buyer bears the costs of technical acceptance. If the buyer fails to perform the agreed-upon technical acceptance of the goods, the goods may be sent or stored at the buyer's expense and risk.
6.Terms of payment6.1. The payment deadline is the date by which the entire amount of the invoice must be transferred to the transaction account of the company Bevec d.o.o. Payment is considered made when the money (purchase price) is in the Seller's account.
6.2. The payment deadline is 15 days from the date of the invoice, unless otherwise agreed and confirmed in writing by the company Bevec d.o.o. For each day of payment received prior to the payment deadline, a 0.05% discount may be granted.
6.3. In case of late payment, legal default interest will be charged.
6.4. The payment deadline is not automatically extended in the event of a buyer complaint or complaint about the quantity or quality of the goods. The payment deadline is only extended after the company Bevec d.o.o. acknowledges the complaint.
6.5. If the buyer significantly violates or delays payment within the payment deadline, we reserve the right to change the payment deadline for the currently ordered goods or even withdraw from the order.
6.6. The buyer has no right to withhold payments or file counterclaims unless we recognize them, or they are legally established.
6.7. If the buyer is in arrears, if his significant reduction in solvency, poor financial situation, and difficult financial situation become known, and he is unable to provide adequate security or guarantees for the payment of receivables, all existing receivables fall due immediately. In this case, we are entitled to the return of goods that the buyer has not paid for. The buyer has no right to possession of the goods, and Bevec d.o.o. takes it over from such a client.
6.8. The buyer has eight (8) days from receipt to reject the invoice (the disputed amount of the invoice mentioned in the previous paragraph). The buyer must explain and justify the rejection of the invoice. In the event of a delay or an unfounded or insufficient explanation, the buyer is deemed to have accepted the invoice in full.
6.9. If the buyer fails to pay within fifteen (15) days, the Seller may change the terms of sale, even for deliveries already made but not yet paid for, or withdraw from the contract without notice. In this case, the buyer also grants the Seller irrevocable and unconditional permission to enter the premises where the Buyer keeps the goods at any time and take back the goods that have not been paid for, or goods in the equivalent of the claim. This does not imply that the company Bevec has withdrawn from the contractual relationship unless he expressly states so in writing upon receipt of the goods.
6.10. The buyer is not entitled to withhold payments or to set up counterclaims, unless otherwise agreed in writing. The buyer also agrees not to assign the Seller's receivables to third parties without the Seller's prior written consent; otherwise, the buyer must pay the Seller a contractual penalty of 25% of the assigned receivable's value.
6.11. The customer is responsible for the costs of payment recovery or possible seizure.
7. Retention of title7.1. We reserve the right of ownership over the delivered goods until the buyer's obligations in relation to the delivered goods are settled or fully fulfilled, including the payment of any costs of reminders and default interest.
7.2. If the buyer sells the goods to his buyer before the payment deadline, he must hand over these receivables to Bevec d.o.o. in the amount of the selling price of our goods if the payment deadline and our request are not met.
7.3. The buyer is required to inform his buyer of our retention of title clause.
7.4. Until all obligations are met, the buyer is required to participate in all measures to protect our property or property rights over our goods.
8. Concluding a distance contract8.1. Distance contracts are concluded in writing or orally between the provider and the buyer by issuing a contract confirmation using a means of distance communication, allowing the contract to be concluded without the contracting parties' simultaneous physical presence. A telephone conversation or e-mail conversation is also considered a means of distance communication. The purchase contract between the provider and the buyer is thus formed when the provider confirms the order in writing or orally. All prices and other terms are now fixed and apply to both the company Bevec d.o.o. and the buyer.
8.2. We consider accepted orders to be irrevocable. In the period between the order's issuance and the receipt of an electronic notification that the order is in progress, the buyer has the right to cancel the order without incurring any additional obligations. When placing orders for personal collection at the Bevec d.o.o. headquarters, the contract is deemed to be finally concluded upon receipt and payment of the ordered goods.
8.3. Along with the goods, the provider sends an invoice to the buyer.
9. Right of withdrawal, return of products9.1 Because the products of the company Bevec d.o.o. are made to order and according to the buyer's specifications, it is not possible to return the goods or cancel the order after order confirmation or payment.
10. non-collection of products10.1. The buyer is required to collect the ordered goods within a certain time period after receiving notification of the completed order. If the buyer does not collect the ordered goods sent by cash on delivery and the goods are returned to the company's address after the waiting period at the delivery service, this is NOT considered a withdrawal from the contract, as the latter is still validly concluded, and this also applies to the buyer's unilateral unannounced withdrawal from the contract. In the event of non-acceptance, the buyer is also liable for the additional shipping/return of goods to the company. In the event of non-acceptance, it will be handled by our legal department, which will further regulate the payment and possible recovery of incurred costs and damages.
11. Warranty for the quality of deliveries and delivered goods11.1. We assume responsibility for the quality or integrity of the delivered goods in the sense and in accordance with the catalogue data and previous written agreements.
11.2. The buyer must report or claim any quantity or quality deviations in the delivered goods in writing within 8 days of receipt.
11.3. The buyer may report or claim hidden defects or hidden quality deviations in writing immediately after discovery, but no later than 6 months after receipt of the goods.
11.4. In the case of prior technical acceptance of the goods (item 5.5.), the buyer has no right to make a subsequent complaint about the goods, unless there is a hidden defect.
11.5. In the event that we make a request, the buyer must immediately return the complained goods or individual items so that we can determine the validity of the complaint. Otherwise, the buyer forfeits his right to appeal or file a complaint.
11.6. If the buyer's complaint is found to be valid, we will resolve it as soon as possible, i.e. within the shortest reasonable time.
11.7. We do not consider any complaints resulting from improper use and unauthorized or unprofessional installation, unauthorized and unprofessional interference with the product itself, unprofessional start-up, or unprofessional, deficient, or careless product handling.
12. Product warranty12.1 We accept any product warranties as provided by our supplier.
12.2.We do not accept any warranty for products in the cases described under point 11.7.
12.3. We accept the product warranty only if the product was assembled by us. In this case, and if the complaint is justified, we assume all costs associated with replacing the product with a perfect one, including direct repair or disassembly and assembly costs, if these are proportionate to the value of the complained product. The customer must give us a reasonable amount of time to resolve a complaint.
12.4. In no case does the company Bevec d.o.o. accept any warranty claim and accepts no liability for any damage or loss of income caused by production interruption or downtime.
12.5. All warranty claims must be submitted in writing, detailing the type of defect, the time of the defect, and the information required to identify the product. Our expert at the location of the defect can verify the accuracy of the stated data and the circumstances of the defect.
13. Liability for damage13.1. Unless otherwise stated in the General Sales Conditions of Bevec d.o.o., and if we are liable for damages, we guarantee compensation for damage in the case of proven breach of contract or proven breach of other written agreements, only in the case of damage during the product warranty period and on the basis and within the binding product warranties.
13.2. In the event of a proven breach of the contract's or other written arrangements' essential provisions, liability for damages is limited to typical legal practice damages, unless caused by negligence or wilful misconduct.
13.3. In the case of goods, our warranty is limited to the assignment of claims against us to the supplier of the goods, insofar as no further warranty arises from the Product Guarantee Act in terms of the manufacturer's liability.
13.4. Proof of liability and entitlement to compensation is on the side of the buyer.
14. Copyright14.1 The website as a whole, as well as all published content, is the property of Bevec d.o.o. All parts of the program code, all software architecture and engineering, graphic elements, images, sound and image material, and other author's elements that do not need to be marked with copyright notices due to their nature are considered author's works. The structure is also protected as an individual conceptual solution. Without the knowledge of Bevec d.o.o., any copying, quoting, replicating, imitation, or distribution for commercial purposes is prohibited. The website's content is the property of the company Bevec d.o.o. and may be used for non-commercial purposes as long as all of the stated copyright notices are retained.
14.2.Sometimes it may occur that we cannot guarantee the complete accuracy and reliability of all published data. We will take all warnings seriously and correct the information posted immediately. We do not accept any liability for any consequences arising from the use of information published on this website or the temporary non-functioning of the website. We reserve the right to change the content on a daily basis, errors in prices and written text.
15. Dispute settlement15.1. These General Terms and Conditions, as well as all disputes between Bevec d.o.o. and the buyer, are governed by Slovenian substantive and procedural law, without the application of private international law rules that would demonstrate the application of any other law.
15.2. Any disputes will be decided by the competent court in Novo mesto in Slovenia.
16. Force majeure16.1. The Company Bevec is not liable for partial or non-fulfilment of its obligations if this is due to events that the Bevec d.o.o. was unable to avoid, prevent, or eliminate (force majeure). Examples of force majeure events include fire, floods, earthquakes, insurrections, wars or armed conflicts, terrorist attacks, epidemics, power outages, non-functioning of the World Wide Web, strikes, or other interruptions due to administrative or other organisational restrictions or prohibitions (such as embargo, confiscation, restrictions on financial operations, restrictions on transport, lack of material on the world market, reductions in energy supply and other barriers that are independent of the will of the Bevec d.o.o. ). A lack of material or services at the Bevec d.o.o. suppliers or companies that the Bevec d.o.o. includes in the fulfilment of its contractual obligations, as well as their delays in delivering goods or services to the Bevec d.o.o. is also considered force majeure.
17. Changes and validity of the general terms and conditions17.1. Bevec d.o.o. reserves the right to change and/or amend these General Terms and Conditions in the event of changes in the regulations governing the operation of online stores, data protection, and other areas related to the operations of the online store Bevec d.o.o., as well as changes in its own business policy, changes and/or supplements these General Terms and Conditions, of which it will always inform users in an appropriate manner, which includes information through the website www.bevec.si.
17.2. Any changes and/or amendments to the General Terms and Conditions shall enter into force and apply upon the expiry of an eight-day period from the publication of the changes and/or amendments. If a change and/or amendment to the General Terms and Conditions is necessary for compliance with regulations, these changes and/or amendments may exceptionally enter into force and apply in a shorter period of time.
17.3. Unless the Seller and Buyer expressly agree otherwise in advance, these General Sales Conditions apply in all respects.
17.4. If any of these General Terms and Conditions is found to be void or invalid, the remaining provisions of these General Terms and Conditions will remain in effect. In this case, the Bevec d.o.o. and Buyer will replace the null and void provision in a special agreement with a new, valid provision in order to achieve the original purpose.
Company detailsBevec d.o.o.
Podbevškova ulica 36
8000 Novo mesto
VAT ID: SI24029467
→ +386 7 337 65 60
Director Igor Gomišek