General terms and conditions- sinterbrakes.com
You are advised to read carefully the below stated business conditions before you use our website. If you continue with ordering a product from the sinterbrakes.com website, it shall be deemed you have read and agree with the general business conditions. SINTER LJUBLJANA d.o.o. reserves the right to change terms and conditions of the sinterbrakes.com website. As all changes are binding for the buyers, you are advised to regularly view our business conditions.
These General terms and conditions have been drawn up in compliance with the consumer protection legislation, based on recommendations of the Chamber of Commerce and Industry of Slovenia, and international codes for web and e-commerce.
The sinterbrakes.com online shop (hereinafter referred to as: “Online Shop”) is operated by:
SINTER LJUBLJANA d.o.o.,
Cesta v Mestni log 75,1000 Ljubljana, Slovenia,
Identification number: 5334926000
Tax number: SI 49026453
Bank account: SI56 1010 0005 4784 722, opened at Banka Intesa Sanpaolo d.d.
phone number: 01 28 03 422
an e-business provider (hereinafter referred to as: “Seller”).
These General terms and conditions define the operation of Online Shop, the rights and obligations of visitors, users and buyers, as well as the business relationship between the Seller and user as the buyer of products available in the Online Shop.
By registering in the Online Shop, the visitor obtains a username that is identical to his or her e-mail address, and a password selected by the user. The username and the password uniquely identify a user and link him or her to the entered data. By registering, the visitor acknowledges to be a person who is of the age of majority and of full capacity to contract. By registering, the visitor becomes a user and obtains the right of purchasing. By buying a product, the user becomes a buyer. By placing an online order, the buyer declares that all submitted data is real and complete, that the buyer has legal capacity and that there is no known impediment which would prevent the buyer from ordering and purchasing products in the Online Shop.
Only a person 18 years-old or over can make a valid order or purchase of the product.
In addition to these General terms and conditions, legal entities (B2B buyers) are also subject to the commercial terms concluded by the Seller and the B2B buyer with the sales contract.
- Accessibility of information
The Seller is committed to always provide the user the following information:
- data about Seller’s identity (company name and headquarters, number in the register of companies)
- contact data, which allows the user to communicate with the Seller quickly and effectively (e-mail, telephone etc.),
- information about the essential characteristics of products and services offered in the Online Shop, including the after-sales services and guarantees;
- information about the accessibility of products and services available in the Online Shop;
- methods and conditions for delivery of products and services, especially the location and time of delivery;
- information about the payment method;
- information about the validity of offer in the Online Shop;
- information about the period and conditions for withdrawal from the contract;
- information about the options for product return and any associated costs for the user:
- information about the complaints submission process and about the contact data for person with the Seller, responsible for customer relations.
- Product offer, delivery time and delivery
The product offer in the Online Shop is often changed and updated due to the nature of online commerce.
The delivery time for products in stock is usually 5 working days for delivery addresses in Slovenia, and for other countries please see the Section 10. The delivery time stated next to the product in the Online Shop applies for delivery addresses in Slovenia. In some cases, the delivery time is not stated on the product, in which case the Seller will inform the user of the estimated delivery time or inform him that the ordered product cannot be delivered.
When placing a purchase order, the user can specify one of the following options:
- personal takeover at the registered office of SINTER LJUBLJANA d.o.o., Cesta in Mestni log 75, 1000 Ljubljana, Slovenia: no shipping costs are charged;
- for Slovenia: orders over 100€ the delivery is free of charge;
- for any other location: shipping costs are calculated based on the selected delivery method.
- Method of payment
The Seller offers the user the following options of payment for products from the Online Shop:
- signing a contract with a B2B partner, where payments and payment deadlines are defined;
- by offer – pro forma invoice is provided via email (after the payment is received, products are delivered);
- via PayPal account;
- via payment and credit cards (Visa, Mastercard, Maestro, JCB, Discover, American Express);
- cash upon personal takeover at the registered office of SINTER LJUBLJANA d.o.o., Cesta in Mestni log 75, 1000 Ljubljana, Slovenia
The online price applies for all registered users of Seller’s Online Shop. Additional costs may incur related to the chosen payment method (see Section 4).
All prices in the Online Shop are in euros and include VAT, unless stated otherwise. The prices in the B2B Online Shop exclude VAT, or VAT is expressly listed. All prices in the Online Shop are the prices of products and exclude any delivery costs (see Sections 3 and 10). All prices apply only for electronic ordering of products in the Online Shop.
For all orders, shipments may be subject to import fees and taxes that are due on arrival. It is impossible for Seller to determine these charges as they vary from country to country. Buyer have to pay all taxes and governmental fees Seller is required to collect or pay upon sale or delivery of products unless buyer provide Seller with direct payment authority or an exemption certificate valid in the jurisdiction the products will be delivered.
All prices are valid in the moment of placing an order, and there is no price validity period determined in advance. The prices are only valid until they are changed. The Seller makes every effort to make sure the information is up-to-date and exact, but this does not exclude the possibility of an invalid price being displayed. In the latter case and if the price changes while an order is being processed, that is from the moment of placing the order to the moment of confirming the order, the Seller will:
- notify the user (buyer) about it and inform him or her about the new price; in this case the user (buyer) has the right to change the order, cancel it completely, or confirm the order with new prices; with no additional costs to the user; or
- enable the user (buyer) to back out from the offer, and at the same time offer him or her a solution to the benefit and satisfaction of both parties.
- Purchasing process
6.1. Technical steps leading to the conclusion of a sales contract:
During the purchase process, the following technical steps are available to the user (buyer):
- login in the Online Shop using an email address or user password, if the user (customer) has already created a user account (see also Section 1.)
- finding a particular product in an offer of products in the Online Shop;
- selecting a product to purchase;
- adding the selected product for purchase in the shopping cart;
- determining the quantity of the product for purchase in the shopping cart;
- review of the price of the selected product in the selected quantity, including the calculated tax, if it is charged;
- choice of delivery method (see also Sections 3. and 10);
- choice of payment method (see also Section 4.);
- a review of the order with the selected delivery method and the calculated shipping costs, if they are charged and
- confirmation and submission of order, and thus the conclusion of the purchase (see also Sections 6.3. and 6.4.).
6.2. Technological means that enable identification and correction of errors prior to the submission of order
Prior to the submission of the order, the user (buyer) may, through the graphic user interface, with immediate effect, simply and easily:
- see and inspect what products he or she selected and added to the shopping cart;
- see and review the price of each product and the total price of the entire selected quantity of each product;
- change the selected quantity of each product and calculate the new price of the quantity so changed;
- remove selected products that they do not want to buy from their shopping cart and
- calculates the applicable tax, according to the tax rate applicable to the selected product and its price (tax base).
Prior to the confirmation of the order, the user (buyer) may, through the graphic user interface, with immediate effect, simply and easily:
- modify the selected delivery method for the product;
- change the selected payment method and
- review and confirm individual changes.
6.3. Order accepted
After placing an order, the user (buyer) receives an e-mail message from the Seller, confirming the order has been accepted. The user (buyer) has the right to cancel an order without consequences in 1 hour after receiving this notification. After an order has been placed, the user (buyer) is unable to change it, except by cancelling the order. Full information about the status and content of individual orders is available to the user (buyer) in user’s profile at the Seller’s website.
6.4. Order confirmed
If the user (buyer) does not cancel the order, the order will be processed. After receiving an order, the Seller verifies the availability of ordered products and either confirms the order or rejects it with proper justification. In order to verify the data or ensure the accuracy of delivery, the Seller may also contact the user (buyer) by telephone, using the provided contact telephone number. Upon confirming an order, the Seller notifies the user (buyer) by e-mail about the anticipated delivery time. At this point in time, a purchase contract for ordered products is irrevocably concluded between the user (buyer) and the Seller (see Section 7).
6.5. Goods shipped
The Seller prepares and ships the ordered products in the agreed period, notifying the user (buyer) about it by e-mail. In the e-mail mentioned above, the Seller also notifies the user (buyer) about the product return policy, and names the contact persons in case of complaints or delayed deliveries.
- Purchase contract
The Seller presents to the user who bought a product in the Online Shop a written invoice, including the cost break down and a notification about the right to withdraw from the purchase by returning the bought product; if necessary and possible. A purchase contract in the form of a purchase order is stored in electronic form in the Seller’s server, and available to the user (buyer) at any time through the user’s profile.
A purchase contract between the Seller and the user (buyer) is concluded in the moment when the Seller confirms the order (see Section 6.2). From this moment on, all the prices and other terms of purchase are fixed and binding both for the Seller and for the user (buyer).
- Right to withdraw from purchase, product return
If the user (buyer) is a legal entity (B2B buyer), only the contractual provisions, which are concluded in advance and in writing by the Seller and B2B buyer, are relevant regarding the return of the goods.
According to the Consumer Protection Act, the user (buyer) who is a natural person, has the right to inform the Seller of the cancellation of the agreement within 14 days of taking over the goods by sending an e-mail to email@example.com and without stating the reason for such decision. This only applies to online purchases. Returning received goods to the company within the cancellation period is considered as notification on cancellation of the agreement. Seller does not accept returned goods sent by post as “cash on delivery”. The only costs incurred by the user (buyer) is the cost of returning goods. In case of returning received goods, the user (buyer) must provide to the Seller his or her personal information, bank account number and a copy of the invoice.
The goods must be returned to the Seller by any means to its registered office and latest within 14 days from the provided notification on the intended return. The user (buyer) may not use the products without any restrictions until his cancellation of the agreement. The user (buyer) may only perform an overview and testing of the products merely within the scope necessary in order to determine actual state of the product. The product the user (buyer) is returning must be unused, undamaged, contained in original packaging and in unchanged quantity, and with all original purchase documents (receipt, delivery note, etc.) enclosed. In case the goods are damaged, dirty, without original packaging or with visible traces of use (product’s interior and exterior), the Seller reserves the right to reject the return of the good. The user (buyer) is responsible for the reduction of goods value if the reduction in value is attributable to his handling of the goods not required to determine the nature, characteristics or functioning of the goods. The right to return purchased products does not apply to consumables as well as products which are in their nature intended for consumption (media, batteries, etc.). The right also does not apply to program packages already opened or used. If the postal package with which the customer (buyer) received the ordered products is physically damaged, if there is a lack of content or shows signs of opening, the user (the buyer) must initiate the complaint procedure at delivery express postal service, which delivered the package (see the Section 15).
The user (buyer) covers the cost of returning the goods, in case of withdrawal from the contract.
For any products returned, the Seller shall at the earliest convenience, but not later than in 14 days after the notification of withdrawal, refund the user (buyer) the sum paid or return the gift coupon. Any promotional codes or other discounts used shall not be refunded to the user (customer). The Seller shall refund the sum paid to the user’s (buyer’s) personal bank account. The Seller shall return a gift coupon used in the form of a credit note.
The products are covered with a warranty if it says so on the invoice or the warranty certificate. The warranty is valid provided the instructions and conditions on the warranty certificate have been met, and upon presentation of the invoice. The warranty period can be found on the warranty certificate or on the invoice. The information about the warranty also accompany the product presentation in the Online Shop. If there is no information about the warranty in the Online Shop, it means the product is not covered by a warranty.
The user (buyer) can claim the warranty with the Seller, or directly with the product manufacturer, or its authorized service facility. The buyer can claim the warranty using the warranty certificate and invoice. The manufacturer or its authorized service facility is obligated to perform the warranty repair in 45 days from receiving the product for repair or replace the product with another equivalent product in mint condition.
The Seller will deliver the ordered products to the user (buyer) in the agreed period depending on selected delivery method. The Seller reserves the right to select another mail service in order to fulfil the order more efficiently. In case the buyer pays the value of the purchase upon receipt of the package to the delivery agent in cash, the buyer also pays the shipping costs.
The Seller uses suitable technical and organisational means to secure the transmission and storage of personal data and payments. The Seller uses for this purpose a 128-bit SSL-certificate, issued by an authorized organisation.
Secure authorisation and credit card transactions are provided by Credit card – Braintree Payments. Credit card authorisations are executed in real-time with immediate verification of data with the banks. The card data is not stored on the Seller’s server.
The users themselves are also responsible for the security of their usernames and passwords, as well as for proper software and antivirus protection of their computers.
- Protection of children
The Seller shall not accept in the Online Shop orders for someone known or suspected to be a child without an express permission from the child’s parents or custodian. The Seller offers no free access in the Online Shop to products or services harmful to children.
The Seller will not be accepting any personal data about children without an express consent from their parents or custodians and3 will not be disclosing data received from children to third persons, except to their parents and custodians.
Any communication targeting children will be appropriate to their age and will not take advantage of their credulity, lack of experience or sense of loyalty.
Seller with the purpose of fulfilling or enforcing rights from contractual relationship and direct marketing, establishes, maintains, and manages user’s (buyer’s) personal data only as long as it is necessary to achieve the purpose for which they were processed. After completing the purpose of processing, Seller will delete or disable user’s (buyer’s) personal information. Personal data is considered to be all data used to identify the identity of the user (buyer) (e.g. first and last name, address, e-mail address, etc.). Seller ensures protection of personal data as laid down in the Personal Data Protection Act. Seller also undertakes not to disclose personal data to any third parties except when required under law and when required to fulfil its obligations. User (buyer) may at any time request, in writing or over telephone, to permanently or temporarily stop using your personal data for the purposes of direct marketing within 15 days of such request.
All data on the user (buyer) are strictly confidential and available only to employees if the data is required in order to perform their work. All employees at Seller are responsible to handle the data in accordance with the personal data protection principles. Seller undertakes to provide protection of the user’s (buyer’s) personal data by only collecting data required to fulfil its obligations. Seller is entitled to use data automatically collected during website visits, which are not considered personal data (e.g. type of the browser, number of visits, time and duration of the visit, etc.), only for the purposes of estimating its website traffic and improving its content and functionality.
- User reviews and product ratings
Reviews, comments and product ratings submitted by users or visitors are a part of the Online Shop functionalities and are destined to the community of users.
The Seller shall not be held responsible for the content of reviews, comments and product ratings submitted by the users or visitors. Before publishing them, the Seller verifies the reviews, comments and ratings, and rejects those containing obvious falsehoods, being abusive or obscene, or, at the Seller’s discretion, not offering any benefit to other Online Shop users or visitors. The Seller shall not be held responsible for the information in reviews, comments and ratings, and shall be released from any liabilities arising from such information.
By submitting their reviews, comments or ratings, the users or visitors expressly agree with the Terms and conditions and allow the Seller to publish a part of the text or the whole text in any electronic or other media. The Seller has the right to use the content of reviews, comments or ratings for own business purposes, with no time restrictions and for any purpose, including the publishing of latter in advertisements and other marketing communications. The authors of reviews, comments and ratings declare and give assurance to be the owners of material and moral copyrights for their written reviews, comments or ratings, and transfer these rights on the Seller free of charge, non-exclusively and with no time restrictions.
- Limitation of liability
The Seller shall take every care to ensure the data published in the Online Shop is up-to-date and accurate. However, the product characteristics, delivery term or price may change rapidly and the Seller might not always be able to correct the data published in the Online Shop in time. In this event, the Seller shall notify the user (buyer) about the changes and offer him or her the option to withdraw from or change the order (see Section 5).
Even though the Seller makes every effort to provide accurate images of products sold in the Online Shop, all images are for illustrative purposes only. Images make no representations about the product quality.
The Seller is not responsible for physical damage, destruction or loss of consignment from the moment it hands in the consignment with ordered products at the post office, as well as not in case the consignment is missing content or if the consignment is showing signs of opening (visible damage to the packaging). In all above stated cases, the user (buyer) must initiate a complaint procedure at delivery express postal service, which delivered the package in the exact state as it was delivered, i.e. not adding or removing anything, and filling out a complaint form. The user must also inform the provider by an e-mail to firstname.lastname@example.org or telephone at 01 28 03 422.
- Complaints, disputes and jurisdiction
The Seller acts in compliance with the valid legislation covering the area of consumer protection. The Seller has established an effective system for dealing with complaints and has appointed a person the user (buyer) can contact by phone or by e-mail. In case of problems, the user (buyer) should call the following number: +386 1 28 03 422. The user (buyer) can also send a complaint to the following e-mail address email@example.com. The complaint procedure is confidential.
Within 5 working days, the Seller will confirm that he has received a complaint and inform the user (buyer) how long he will need to process the complaint and will keep the client posted during the entire procedure. The Seller will make every effort to settle any potential disputes amicably. If this is not possible, the disputes between the Seller and user (buyer) will be settled by the local competent court in Ljubljana. The Seller and the user (buyer) as participants in electronic commerce both confirm the validity of their e-mail exchange before the court.
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
Seller publishes link to the platform for online dispute resolution presented by the EU Commission and available at: http://ec.europa.eu/consumers/odr. This platform serves as the point of contact for the extrajudicial settlement of disputes based on sales or service agreements via the internet, involving a consumer.
For these General Terms and Conditions and in case of any disputes between the Seller and the user (buyer), the Slovenian substantive and procedural law will be applied. No provisions of international private law apply to make reference to the laws of another jurisdiction.
For all relations, rights and obligations, which are not regulated by these General terms and conditions, the provisions of the Obligatons Code, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act shall apply mutatis mutandis.
- Changing the General terms and conditions
In the event of changes to rules governing the operation of online shops, data protection or other areas related to the operation of Seller’s Online Shop, or in case the Seller changes his own business policy, the Seller may change and/or amend these General terms and conditions, notifying the users of such changes in a suitable manner, mainly by posting on the www.sinterbrakes.com website. Any changes and/or modifications to the General terms and conditions shall enter into force upon the expiry of an eight-day period after publishing the changes and/or amendments. If changing and/or amending the General terms and conditions is necessary for harmonisation with the regulations, these changes and/or amendments may exceptionally enter into force in a shorter period.
If the user does not agree with the changes and/or amendments to these General terms and conditions, he or she must cancel the registration in eight days from the date of publishing of changes and/or amendments to the General terms and conditions. Otherwise, the user shall be deemed to accept the changes and/or amendments to the General terms and conditions. The registration is to be cancelled by sending a written notification of cancellation to the Seller.
These General terms and conditions have been adopted by the CEO of Seller, in Ljubljana on __________.
We wish you a pleasant shopping experience in our Online Shop!