Please read the information below carefully, the lack of knowledge about the offer or terms and conditions is not subject to complaint. If you require any additional information, please contact us, we will be happy to help you.

The customer is considered to be informed about these general terms and conditions, when they are published on the official website of the vendor.

General:

• Any agreements, offers and confirmations between the customer and the company Primus R d.o.o. must be in writing. Any additional oral conditions are considered invalid.
• Please note that our conditions and terms of sales and supplies are product specific. Any conditions of the customer contrary or deviating from our conditions not recognized, unless otherwise agreed and formulated to the contrary.

Measurements, offers and order confirmation:

1. Primus R d.o.o. is responsible for the dimensional accuracy of the Flexiteek, tuft, teak products, swim platforms etc., when these products are ordered by the customer based on the measurement by our company. If the customer submits their own measurements, they are personally responsible for the measurement accuracy.
2. The customer must submit all measurement information (height, length, width, grouting direction, material type, colour etc.) and inform the vendor/measurer on all potential obstacles (hidden installations, plumbing, electrical installations etc.), otherwise the customer is required to cover the costs incurred by damages, the customer also bears the costs of installation delays.
3. The offer is only valid for the specified positions, quantities and descriptions. Before the order is confirmed, the customer must check all descriptions, quantities and amounts. Any misunderstandings after delivery are not recognized and are not subject to claims.
4. The offer is valid for the number of days specified in the offer. If a new offer is issued, the previous offer is cancelled in its entirety.
5. Unless otherwise specified, all drawings apply for an inside view.
6. The underlay is not measured, however, it is an essential part of the element.
7. By confirming the offer in writing, paying the advance or the estimated invoice, the customer confirms the accuracy and completeness of the order, agrees with all the elements of the offer, accepts the payment conditions and declares to be aware of the entire contents of the general terms and conditions. The unfamiliarity with the offer and its contents is not a sufficient cause for a subsequent claim.
8. Any changes can be made no more than one (1) day after the written confirmation of the order, payment or advance payment, exclusively in writing. Any subsequent changes are not recognized and Primus R d.o.o. is entitled to issue an additional invoice, which must be settled by the customer no later than eight (8) days after the receipt.
9. We reserve the right to modify the manufacturing process due to constructional and technical details and technical specifications.
10. Unless otherwise specified, the customer guarantees the data accuracy and Primus R d.o.o. guarantees the measurement accuracy.
11. When the order is submitted by phone, web inquiry form or e-mail, the client is responsible for any errors. The costs incurred by such error shall be borne by the client.
12. The on-site measuring costs, which the client must settle according to the invoice, amount to 50 €.
13. If the client fails to settle the payment within 15 days from the receipt of the last estimate invoice, the order is considered cancelled.

Prices and payment

1. Primus R d.o.o. reserves the right to change prices if quantities, colors, measurements or any other facts, based on which the price is calculated, are changed.
2. Discounts are not cumulated. Special offers do not include discounts.
3. Unless otherwise specified, the prices are expressed in EUR.
4. All payments by the client can only be made into the current account of the company Primus R d.o.o.
5. Representatives, agents, measurers and installers are not authorized to accept money.
6. Our invoices can be paid as specified on the invoice and no later than eight (8) days from the date of invoicing, unless otherwise agreed and confirmed on our part.
7. If the client delays payment without justification, such as an uncontrolled event, default interests can be charged in accordance with the laws.
8. Bills of exchange and order forms are not considered basis for an order or payment insurance.

VAT:

1. The standard rate of VAT is 22%
2. For installations (into apartments up to 120 m2 and residential houses up to 250 m2) the VAT is 9,5%.
3. If the client is a taxable person, the correct data with the VAT identification number must be submitted at the time of order. Otherwise, any subsequent invoice rejections due to subsequent data modifications are not recognized.

Payment conditions:

Retail:

The payment conditions are defined on an individual basis.

The following are some options of payment conditions:

1. Payment within eight (8) days of the work completion. The payment is insured with an irrevocable bank guarantee.
2. The advance payment of 80% upon the submission of the order and 20% after the installation is completed or after the goods are shipped. The client shall make the rest of the payment no later than eight (8) days after the work is completed. Otherwise default interests may be charged in accordance with applicable laws.
3. The advance payment of 100%, with an extra discount of 5%.

Wholesale:

The payment conditions are defined on the basis of the Cooperation Agreement, otherwise the 100% advance payment is applied.

Delivery and delivery periods

1. The general delivery period for standard products is between 4 and 7 weeks.
2. The delivery periods are determined according to the offer. The client shall be informed on the installation in writing or orally, at least two days prior to the installation.
3. The delivery period specified on our part begins to run after all measurements are performed, technical questions are resolved, the contract is signed and payment is made according to payment conditions.
4. If an element incompatibility is determined during the installation, the delivery period is extended. In this case, Primus R d.o.o. shall resolve the incompatibility issue as soon as possible.
5. In certain circumstances, the delivery of goods can be made in part, however, the client must be informed on the subject at least one day before the originally specified date.
6. Upon the delivery, the client must check the goods, establish any deficiencies or errors and immediately register them on the delivery note.
7. Damage of the materials (fractures, scratches etc.) upon the delivery is only acknowledged if the client immediately makes a statement in writing. Subsequent fractures and damages not deriving from transport or installation on our part, caused by third parties or of an unknown cause, are not subject to claims.
8. The client shall confirm that delivered goods are in line with the offer and that the installation was performed in a quality manner. To do so, they shall sign the delivery note and installation register. By doing so, the client confirms that Primus R d.o.o. carried out the offer/contract in its entirety and acquired all relevant rights from the contract.

Shipment of goods and risk transfer

1. The products ready to be delivered shall be claimed by the client/buyer within 8 days after the receipt of the vendor’s notification that the goods are ready to be claimed. The notification in writing includes e-mail, fax or ordinary mail.
2. If the client/buyer fails to claim the products ordered within the period specified or rejects installation, they shall be charged for storage costs, which amount to 0,1% of the product value per day. The responsibility for the goods passes to the client/buyer.
3. The buyer must examine the products in the usual way or an examination must be performed by third parties, and inform the vendor about any deficiencies within 8 days of the claiming of the products, while the vendor shall guarantee to eliminate the deficiencies established, if justified.

Ownership retention

If the client acts contrary to the terms of the contracts, in particular concerning payment delays, the company reserves the right to reclaim the goods (applies to all elements which have not been installed), without violating the contractual obligations. In case of reclaim of goods by the company, the contract is irrevocably terminated. After the goods are reclaimed, we are authorized to realize the value of the goods and to charge the client the difference to the full value.

Warranty and guarantee to remove errors

1. It is not possible to return products due to errors, for which the client is responsible.
2. If the product ordered is incorrect or deviates from any mutual obligations, we are entitled to claim reimbursement of any additional costs.
3. The client shall receive the guarantee certificate with the invoice when the works are completed.
4. All products sold by the company comply with national and EU regulations and standards. The CE declaration of conformity, which demonstrates compliance with EU norms, is issued on request.
5. Any installation performed by unqualified personnel or unauthorized repair may lead to irrevocable termination of guarantee.
6. Upon the guarantee expiration we provide maintenance and spare parts in accordance with applicable legislation.
7. Cleaning and maintenance of the materials is only allowed with cleaners or detergents designed for this purpose or approved by the manufacturer. The guarantee is not valid and any claims are not recognized in the event of using cleaners, which were not approved by the manufacturer for the use and maintenance.
8. The guarantee claims are justified on condition that the client fulfils their obligations to the vendor, checks the products immediately upon the claim and files the guarantee claim correctly and in time.
9. If the goods reveal deficiencies, which fall under our responsibility, we are under obligation to remove the error or deficiency as soon as possible. If we fail to do so within the deadline, we are compelled to comply with the applicable legislation.
10. Any further complaints by the customer are excluded, unless otherwise agreed. The company bears no responsibility for damages to the goods caused by uncontrollable events, for profit losses and other financial losses to the fault of the client.
11. The company is liable for any damage committed intentionally or other serious negligence. The client may also file a complaint on the basis of contract violation by the company relating to an inadequate guarantee of product properties.

• The guarantee does not exclude the consumer’s right, which derives from responsibility of the vendor for the deficiency of goods.
• The guarantee is valid in the territory of the Republic of Slovenia.

Guarantee claim

1. The buyer/client shall inform the vendor of the deficiencies subject to claim in writing no later than 8 days from the date of the establishment of the deficiency.  The vendor shall only accept claims in writing, including:
2. On request of the vendor, the client must enable an examination of the products subject to claim by the representative vendor.
3. Small surface irregularities of the product are not subject to claim if they do affect the functionality of the product and are not visible from a distance of over 1 m.
4. When the vendor ascertains the eligibility of the guarantee claim, they submit a proposal to resolve the claim. The modes of solution of claims are correcting the product’s defect and replacing the product or lowering the price and depend on the level of the defect or the agreement with the buyer/client.
5. The buyer/client does not have the right to delay any due payments because of their guarantee claims.
6. The vendor shall not consider any claims due to deficiencies caused by an improper use and maintenance of the products or unauthorized and unprofessional installation. The vendor may establish additional terms and conditions for a specific type of products, which must be fulfilled by the buyer/client for the validity of the guaranty claim. This is announced to the client no later than at the time of delivery of the products.
7. The buyer/client shall carefully examine the materials and the products before the installation and immediately notify the vendor if the materials or products are incompliant. After such materials, products are installed, the guarantee claim is invalid.
8. If the guarantee claim is justified, the vendor is under obligation to resolve it as soon as possible or in a shortest reasonable period.

• The client must submit the correct data for the identification of the products supplied with a detailed description of the deficiency and a photograph of the products subject to claim.
• The claim must be accompanied by the receipt and proof of payment of the products subject to claim.
• When the installation was performed by the vendor or their authorized installer, it must be accompanied by a copy of the handover report of the installation.
• The buyer must immediately return the products or individual parts subject to claim to determine, if the claim is justified. Otherwise, the buyer loses the right to make a guarantee claim.

Installation instructions and conditions of services

1. Additional services not included in the offer, but necessary for the completion of the works (wall breaking, structural works, installation of battens, siliconization, paintwork, paneling, scaffolding, disposal, profile protection, removal of wedges etc.) are imposed on the client and charged in addition.
2. The client’s help with carrying large and heavy elements is welcome, however, it cannot be subject to payment.
3. Before the installation begins, the client must inform the installer on the work plan and course, as an incorrect installation after the installation is finished cannot be subject to claim. In this case, the client is liable for the costs incurred.
4. Before the installation begins, the client must remove any obstacles that might interrupt the installation process. They must guarantee a smooth delivery of elements to the facility, accessible staircases and other accesses, electrical power supply (220 V). Furthermore, they must ensure protection of persons, materials and working environment. If the installation is extended, they must also provide a storage space for tools, which must be locked.
5. The client is required to be present at the facility and after the installation is complete.
6. When the works are completed, the client must claim the elements, otherwise it shall be considered that the goods were claimed without any deficiencies or comments.
7. We do not carry out electrical installations and connections. This must be arranged by the client.

Protection of personal data

The vendor guarantees to protect the personal data of the buyer/customer. The vendor shall use the personal data exclusively for the purposes of order processing.

Other relevant provisions

The vendor’s instructions for correct installation, use, maintenance and cleaning of products are an integral part of general terms and conditions.

Dispute settlement

Unless otherwise specified in the agreement or confirmation, the Court of Ljubljana shall be competent to resolve any disputes.

 

 

The general terms and conditions are applicable from 26 November 2014 and publicly available on website www.primusr.com.