GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF THE COMPANY EDIT d.o.o.

1. General Provisions 

The present GENERAL TERMS AND CONDITIONS OF SALE OF EDIT (hereinafter referred to as: GTCS EDIT) define the rights and obligations between the buyer and the seller, EDIT d.o.o., Savinjsko nabrežje 140, 3313 Polzela (hereinafter referred to as: the seller) in the purchase of all products sold by the seller (hereinafter referred to as: goods). By accepting the offer, concluding the contract, submitting an order, or in any other mutually acceptable manner, the buyer confirms that they accept the GTCS EDIT and fully agree with them. The GTCS EDIT are an essential part of every sale, even if the buyer does not explicitly confirm the terms. The GTCS EDIT are valid regardless of whether the buyer submits their own general terms at the time of the order. Any general terms of the buyer or third parties are not binding on the seller, even if they are not explicitly contested. Any deviation from these terms requires written consent from an authorized person of the seller. The seller’s consent to a deviation from an individual term of the GTCS EDIT does not affect the validity of the remaining provisions of the GTCS EDIT. Any challenge to the sales contract due to the buyer’s reference to ignorance of the general terms of sale and delivery or due to error is void.

2. Order, Payment Terms, Delivery Terms and Deadlines, Acceptance of Goods 

The order confirmation (whether in written or verbal form) is binding. If the buyer cancels the order, they must reimburse the seller for all incurred costs, at least the amount of the sold goods. If the buyer is required to collect the goods at the seller’s location and is delayed in doing so, the seller may charge the buyer for storage costs.

In the event of a payment delay, the buyer must pay the seller default interest in accordance with the Default Interest Rate Act.

The payment terms, delivery terms and deadlines, and acceptance of goods are agreed upon by the contracting parties through the offer, acceptance of the offer, or order and confirmation of the order by the seller. Received payments are applied first to cover costs, interest, and the oldest outstanding debts of the buyer to the seller, regardless of which invoice the buyer wishes to settle. Unless otherwise explicitly agreed between the buyer and seller, the buyer collects the goods at the seller’s location (Ex Works, Savinjsko nabrežje 140, 3313 Polzela, Incoterms 2010). If different shipment terms are agreed upon (urgent or express delivery), the additional costs of such shipment are borne by the buyer. The buyer is obliged to provide everything necessary for the agreed transportation (suitability of delivery routes to the unloading location) and for the unloading of the goods (suitable space for unloading). Otherwise, the seller may charge the buyer for all incurred costs, including possible additional transportation (removal and re-delivery), reloading from trailer to truck, storage costs, etc. The seller reserves the right to make partial deliveries. The return of already purchased goods is possible only with prior agreement with the seller (acceptance of such goods is at the seller’s discretion). In such cases, only undamaged, originally packaged full pallets of goods may be returned, no later than 1 month after the receipt of the goods. Upon return of the goods, handling costs amounting to 20% of the purchase value of the returned products will be charged to the buyer. Deposits are charged for pallets used for goods in accordance with the valid price list if they are not returned to the seller or are returned damaged.

3. Withdrawal from the Contract Due to Delay in Goods Delivery 

The buyer may withdraw from the contract if the seller is delayed in delivering the ordered goods and if the buyer has, after the delay, set a reasonable additional delivery period in writing, which must not be shorter than 30 days. If the seller is delayed in delivering only part of the goods from the order, the buyer may withdraw from the order for the part related to the undelivered goods in accordance with the previous sentence. If the remaining deliveries of the order, without the part of the goods with which the seller is delayed, are of no significance to the buyer, the buyer may withdraw from the entire order, considering the first sentence of this point of the GTCS. The buyer cannot withdraw from an individual order under this point of the GTCS if the seller is delayed with the goods or a part of the goods due to the reasons of force majeure mentioned above.

4. Complaints about Defects 

The buyer is obliged to carry out a quantitative and qualitative inspection of the goods immediately upon receipt and to report any alleged defects or discrepancies to the seller in writing immediately upon receipt, by recording the defects or discrepancies on the delivery note, which is handed to the driver, or by sending a copy to the seller by email, allowing the seller to inspect the goods and acting in accordance with the seller’s instructions. Otherwise, the buyer loses the right to claim under this provision. The seller will consider complaints made within 8 days of the receipt of the goods.

The seller is not responsible for damages to the goods resulting from improper transportation (if the buyer organizes the transport themselves), handling, etc., or for reasons on the buyer’s or third-party side. To successfully claim for defects, the buyer must, among other things, provide the seller with an invoice or another document proving that the defective goods were purchased from the seller. The seller guarantees special qualities of the goods only if these qualities are agreed in writing and expressly mentioned in the order and confirmed in writing by the seller upon confirmation of the order. The seller is responsible for defects only if the buyer fully adheres to the seller’s recommendations regarding the proper storage of products.

5. Goods 

The seller does not assume responsibility for the technical properties of the goods and the field of use of the goods as determined by the manufacturer’s data. The buyer is obliged to check all technical properties of the goods in catalogs, sales brochures, on the website, and in other published documents before taking possession and beginning the use of the goods and to ensure that the goods are suitable for their intended use. The seller is not obliged to verify the suitability or legal compliance of the buyer’s requirements.

6. Extended Retention of Title 

The seller retains ownership of the goods that are the subject of the order until full payment of the purchase price. The retention of title extends to any product created using the goods on which the seller holds retention of title, and in the case of incorporation into another product, the seller acquires co-ownership of such a product. If the buyer sells the goods to any third party during this period, they assign to the seller all claims they acquire against these third parties from sales or other contracts to secure their obligations. The seller accepts these claims in advance. The buyer will immediately notify the seller of the occurrence of such claims. The seller may collect their claim for payment of the purchase price, together with interest and costs, from the assigned claims.

7. Liability 

The seller is not liable for damages that did not occur directly on the goods, especially not for lost profit and/or other material and immaterial damage to the buyer, such as personal or property damage caused by a defect in the goods and/or delay in the delivery of goods. The seller also does not cover costs due to the buyer’s production stoppage. The seller is not responsible for any damage, direct or indirect, that occurs to property, persons, or animals arising from improper use of the product. The exclusion of the seller’s liability under this point of the GTCS EDIT does not apply if the seller causes damage intentionally or due to gross negligence. If liability is excluded or limited, this also applies to the seller’s employees, agents, and fulfillment assistants.

8. Services and Commissioning of Devices 

The seller’s offers for services and device commissioning are purely informative and do not represent the exact number of hours required for the repair. The billing is done based on the actual time spent.

9. Films 

Offers for films, if made in kilograms, are considered offers of the gross weight of the film, meaning the film and the cardboard core. For UV-resistant films, the seller does not guarantee the actual durability of the film for a specific period but guarantees the UV additive in the film. The buyer is obliged to request a statement or detailed explanations.

10. Information 

The information published on the seller’s website (technical data, photographs, texts, images, etc.) is purely indicative and not legally binding, except for the GTCS EDIT. All data published on the seller’s website is subject to copyright.

11. Applicable Law 

The law of the Republic of Slovenia, without the provisions of Slovenian private international law, applies to the contractual relationship regarding the purchase of goods and the GTCS EDIT. The contractual relationships and the GTCS EDIT will also be interpreted in accordance with Slovenian law.

12. Dispute Resolution 

The seller and buyer will endeavor to resolve any disputes related to the GTCS EDIT and the contract amicably. For disputes that cannot be resolved in this way, the court of jurisdiction will be the court at the seller’s registered office.

13. Final Provisions 

The GTCS EDIT are available on the seller’s official website. The buyer is informed about their content with each delivery or order of goods (on the delivery note, invoice, offer). The seller and buyer may regulate individual provisions differently from those defined by the GTCS EDIT by special written agreements in the contract. The possible invalidity of individual provisions of the GTCS EDIT does not affect the validity of the remaining provisions of the GTCS EDIT and/or legal transactions concluded based on them. The GTCS EDIT apply indefinitely or until the implementation of new or amended GTCS EDIT.

Polzela, August 2024