Scope of application
The general terms and conditions apply to all deliveries and services. Changes to the conditions and other agreements are only valid if they are made in writing. The terms and conditions of the buyer are excluded in the entire business relationship between buyer and seller.
The General Terms and Conditions are drawn up in accordance with the Consumer Protection Act (ZVPot) on the basis of the recommendations of the Chamber of Industry and Commerce and the international codes for electronic commerce. They come into force on 1 August 2020 and are valid until revoked. We reserve the right to change the terms and conditions without prior notice. For this reason, we recommend that you read the following terms and conditions before purchasing.
Meaning of the terms used:
Seller: Podjetje TOKAM podjetje za zaključna dela v gradbeništvu, inženiring in trgovina d.o.o., Spodnja Ščavnica 74, 9250 Gornja Radgona
Buyer = natural or legal person
Prices of the products
The prices for standard products are stated in the generally valid price list. All prices are indicated in Euro (€) and include the corresponding VAT. The prices for products tailored to the buyer’s needs are agreed in a contractually agreed price list or on the basis of the seller’s offer.
For non-standard products ordered by the buyer and manufactured on the basis of the buyer’s technical documentation, the price of the product shall be determined on the basis of the seller’s offer.
Payment
The term and conditions of payment are specified in the seller’s offer. Special payment terms must be agreed in writing. The seller allows the following payment methods:
Payment on delivery (cash payment on receipt of the goods). If you choose to pay cash on delivery, you will receive an invoice with the package, which you pay to the delivery staff.
Pro forma invoice (payment by pro forma invoice – transfer to the provider’s bank account). If you decide to pay by pro forma invoice, you will receive a cost estimate by e-mail (it will not be generated automatically, but sent to you with a delay).
In case of late payment, the statutory interest on arrears will be charged.
Guarantee
1) The Seller provides a warranty on all products in accordance with the warranty conditions supplied (or agreed).
2.) The quantitative and qualitative acceptance of the products is carried out immediately after signing the delivery note or after acceptance of the goods. Later, this type of claim will not be considered.
3.) In case of a manufacturing defect, the buyer can complain about the goods. The buyer is obliged to prepare a complaint protocol and inform the seller by e-mail (with attached photos) about the type of defects. Products cannot be taken back without prior written consent.
4.) The seller is in no way liable for the consequences of the damage.
Deliveries
Partial deliveries are permitted. In the event of late payments, the company can withhold delivery from the buyer.
Retention of title
The delivered goods remain the property of the seller until outstanding debts of the buyer, including securities, interest and other costs, have been settled.
The seller shall inform the buyer regularly about delays in payment. In the event of bankruptcy, the seller may send the buyer a list of goods with retention of title. The buyer must allow the seller to access his premises and collect the unpaid goods. The buyer is prohibited from pledging the goods delivered under reservation of title, transferring them to a third party as security or transferring the ownership to a third party.
If the delivered goods are confiscated under the reservation of the court or the tax authorities, the seller must be informed immediately. The retention of title also applies to products resulting from the processing of the goods delivered by the seller. If the goods delivered by us are processed, combined or mixed with third-party goods, we shall be entitled to a co-ownership right or co-ownership of the new object in the amount of the ratio of the value of the goods in third-party possession at the time of processing. In these cases, the buyer shall become the custodian of the goods.
All claims from the resale of the seller’s goods are already now assigned by the buyer – in this case in the amount of the seller’s co-ownership – so that the seller secures the claims against the customer/buyer.
At the request of the seller, the buyer is obliged to inform his customers about the existence and amount of the claims from the resale and to inform his customers about the assignment of claims.
Profits which the buyer achieves from the resale of goods within the scope of the seller’s reservation of title are to be transferred to the seller immediately.
Data protection
The seller stores the following information about the customer: first and last name, e-mail address of the customer, address and delivery address, country of origin, e-mail address, telephone number, previous orders and communication archive.
The customer expressly agrees to the collection, processing and use of his personal data. The seller will treat all information as confidential. In accordance with the applicable data protection legislation and the General Data Protection Regulation (GDPR), the seller is obliged to protect the personal data of customers.
The seller, who is also the owner and administrator of the https://shop.tokam.si/ website, uses the appropriate software in the performance of its services and guarantees all the necessary technological and organizational solutions for complete security of the purchase.
The seller is responsible for the protection of personal data and will use it to send offers, invoices, marketing activities and other communications. Under no circumstances will customer data be disclosed to third parties or unauthorized persons. Only the delivery address of the customer is entrusted to the delivery service.
By providing the telephone number and/or e-mail address, the customer gives his consent that the seller may use them for the purpose of notifying the customer of the fulfillment or in connection with the fulfillment of the order and other necessary communication with the customer.
The buyer has the right to revoke the consent at any time via the e-mail address: info@tokam.si. In the event of a revocation, the seller undertakes to delete all personal data immediately, unless the ordering process has not yet been completed.
Place of performance, jurisdiction and choice of law
The place of performance for all deliveries, customs duties and payments is Spodnja Ščavnica. The regulations of the Republic of Slovenia apply to the assessment of all relations. Disputes are decided by the competent court in Murska Sobota.
Final provisions
Should any provision of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.