These General Terms and Conditions always apply, unless otherwise agreed in writing.
If the Buyer has his General Terms and Conditions, the Buyer and the Seller agree that the General Terms and Conditions of ELTING d.o.o. apply, unless otherwise agreed in writing.
These General Terms and Conditions are published on the website of ELTING d.o.o., on the Notice Board of ELTING d.o.o. and are available in physical form in the store of ELTING d.o.o.
ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP
The contract is concluded when the contracting parties have agreed on the essential components of the contract.
The will to enter into a contract can also be expressed through various means of communication.
The bid is also accepted when the Bidder sends the item or pays the price and when he does some other action which, based on the bid, practice established between the interested parties or customs, can be considered a statement of acceptance.
Acceptance can be withdrawn only if ELTING d.o.o. receive a statement of withdrawal before or at the same time as the statement of acceptance.
An offer made to the person present is considered rejected if it is not accepted without delay, unless the company ELTING d.o.o. gave the Bidder some time to think.
An offer made by telephone or e-mail is considered an offer to the person present.
The silence of the Bidder does not mean acceptance of the bid, unless the Bidder, who is in a permanent business relationship with the company ELTING d.o.o. in respect of certain goods, the offer relating to such goods was not declined immediately or within the time allowed.
The contract was concluded at the time when the company ELTING d.o.o. receive the Bidder’s statement to accept the bid.
The contract is considered to have been concluded in the place where ELTING d.o.o. had its seat at the time of the offer.
The display of goods with an indication of the price is considered an offer.
Sending catalogs, price lists, tariffs and other notices and advertisements given in the press, leaflets, radio, television, electronically or in any other way are not considered an offer to conclude a contract, but only an invitation to make an offer under published conditions, unless otherwise arises from such declarations of will. But the Sender of such calls will be liable for damages suffered by ELTING d.o.o. if he did not accept his offer without good reason.
Each offer must be made in writing and any possible changes to the subject of sale must also be made in writing.
All prices are expressed in HRK with the corresponding VAT at the prescribed rate at the time of delivery of goods.
If more than 4 months have passed from the conclusion of the contract to the delivery of the goods, the new price list of the goods is valid.
TERMS OF PAYMENT
Payment is made to the bank account of ELTING d.o.o.
For each order of goods that are not in stock, it is necessary to pay an advance of 50% before the start of production.
The buyer is required to pay the full amount of the price before picking up the goods. If the price is not settled, the goods will not be issued and interest will be calculated on the stated amount, which starts to run from the date of sending the notification to the Buyer about the possibility of picking up the goods.
The goods can be issued before settling the full amount of the price only to the Buyer with whom the company ELTING d.o.o. has a long-term business cooperation agreement, but in that case ELTING d.o.o. reserves the right of ownership over the unpaid goods. Therefore, in case of seizure or other interventions of third parties in the goods over which the company ELTING d.o.o. reserves the right of ownership, the Buyer is obliged to, immediately and without delay, notify ELTING d.o.o. in writing. The buyer needs the prior approval of ELTING d.o.o. for each alienation and processing of the delivered goods.
Payment must be made within the agreed time, and no later than 30 days from the issuance of the invoice.
They are binding only if they are agreed in writing when ordering the goods.
ELTING d.o.o. is not responsible for delays in delivery if the same occurred due to force majeure or unforeseen circumstances, in which case a new deadline may be agreed or the Buyer and the company ELTING d.o.o. may withdraw from the contract without compensation.
If the Buyer is in arrears or ELTING d.o.o. finds out about the circumstances that affect the ability to pay and call into question the collectibility, all outstanding liabilities fall due immediately and the company ELTING d.o.o. may immediately partially or completely waive the unfulfilled obligations under the contract and claim damages, of which it will notify the Buyer.
If the delivery of the thing is not made, due to the Buyer’s delay, the risk of accidental failure passes to the Buyer at the moment when he came in delay.
The buyer can make a set-off only in respect of claims that are not disputed by the company ELTING d.o.o. or are established in a final court decision.
ASSIGNMENT OF THE CLAIM
The buyer may assign his claim to a third party only with the written consent of ELTING d.o.o.
ELTING d.o.o. is not liable for material defects of the items that it had at the time of the transfer of risk to the buyer, if at the time of concluding the contract they were known to the Buyer or could not remain unknown to him.
It is considered that the shortcomings that a caring person with average knowledge and experience of a person of the same profession as the Buyer could easily notice during the usual inspection of things could not remain unknown to the Buyer.
When the inspection is performed in the presence of both parties, the Buyer is obliged to notify ELTING d.o.o. of its objections due to visible deficiencies. immediately, otherwise he loses the right that belongs to him on that basis.
Not liable for a minor material defect.
When only a part of the delivered item has defects or when only a part of the item is delivered, is a smaller quantity than contracted, the Buyer may terminate the contract in terms of previous articles only in respect of the defective part, or only in respect of the missing part or quantity.
PERSONAL DATA PROTECTION
ELTING d.o.o. processes all collected data on the principle of legality, fairness and transparency, and does not unnecessarily store them or make them available to third parties. Any person whose data has been collected has the right to request its deletion.
ELTING d.o.o. designates the persons responsible for the implementation of the contract by ELTING d.o.o. and the Buyer.
ELTING d.o.o. and the Buyer are obliged to protect the data obtained during the business cooperation as a business secret and after the eventual termination of the cooperation.
Any disputes shall be resolved amicably by the parties, and if this is not possible, the actual jurisdiction to resolve disputes shall be determined by law.
For all contracts concluded by ELTING d.o.o. the law of the Republic of Croatia is applicable.
ELTING d.o.o. reserves the right to change the General Terms and Conditions.