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General Terms and Conditions of Haskap, d.o.o 
("Haskap")

 

1. Scope of application

a) All deliveries of goods by Haskap made on the basis of distance selling orders shall be governed by these general terms and conditions in the version which is valid at the time of the respective order. With the placement of the order the customer accepts these general terms and conditions as well as the terms of delivery and payment which apply as an integral part of these general terms and conditions and which can be found on the homepage www.haskapberry.si.

b) Amendments or additional agreements shall not be valid unless confirmed in writing by persons authorized to represent Haskap whose names have been entered in the commercial register and shall apply solely to the individual business transaction. Any other employees of Haskap shall not be authorized to make amendments or additional agreements in addition to these general terms and conditions.

c) Contractual terms as well as general terms and conditions of the customer are expressly rejected in their entirety.

d) Should individual provisions of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The parties shall agree to replace the invalid provision with a valid provision that comes closest to fulfilling the sense and purpose originally intended.

2. Conclusion of a contract

a) Haskap’s offers in their entirety are subject to change without notice. The orders of the customer are in the legal sense the offer to which the customer is bound for 10 days. The contract shall be concluded either upon Haskap’s confirmation of the order (by telephone or e-mail) or upon delivery or performance. A separate notification of the customer about the acceptance is not required.

b)Haskap reserves the right to accept orders only in part.

c) Online orders are possible only if all compulsory fields (fields marked with an asterisk) are filled in. Prior to sending the order the customer receives a summary of the contents of the order including prices, which he can then correct or confirm. We will automatically confirm the receipt of the order at Haskap by means of an e-mail, which, however, does not yet constitute an acceptance of the order. Messages are received at Haskap only during the normal business hours (Monday to Friday from 9 a.m. until 5 p.m. with the exception of public  Slovenian holidays). Messages which are received on the server of Haskap outside the normal business hours are considered received only on the following working day.

d) The customer is aware that the Internet is not a secure communication medium and that data transmitted via the Internet can on the one hand become known and on the other hand be altered by third parties. The risk that data does not arrive at Haskap in the form transmitted by the customer is borne by the customer. Haskap assumes that the data, as received by Haskap, was sent by the customer in this form.

3. Prices

Depending on the  customer  or in the event of a possible international connection, the prices are to be understood according to the current price lists and excluded of the statutory Slovenian sales tax, excluding delivery charges and all other ancillary services, unless other delivery conditions are specified in the respective valid price list. The respective valid export and import duties apply additionally to deliveries outside Slovenia.

4. Delivery and delivery time

a) The dispatch of the goods by Haskap to the delivery address provided by the customer at the time of ordering is carried out at the expense of the customer. With the handover of the goods at the customer’s or at a third party appointed by the customer, the risk of loss or damage / deterioration of the goods transfers to the customer (this only applies for consumers). The dispatch of the goods by post or private delivery services is regarded as approved. If the customer enters into a delivery contract on his own, then the danger of loss or deterioration of goods transfers to the customer already with the handing over of the goods to the dispatch service.


b.)Delivery dates stated by Haskap are non-binding. If delivery dates are not met, this shall only entitle the customer to make use of his right of withdrawal / revocation if Haskap, even after a minimum of two weeks grace period has been set in writing, still does not carry out the delivery.

c) The delivery period is extended for the duration of hindrances that are due to circumstances beyond the control of the parties, such as force majeure, unforeseeable operational breakdowns, official interventions, transport and customs clearance delays, transport damages, breakdown of important production components and industrial disputes.

d) To the extent that partial deliveries are possible, they are also legally permissible. Each partial delivery is regarded as a separate business transaction and can be invoiced separately by Haskap.

5. Warranty

a) Arising defects are to be reported by consumers immediately – whereby no disadvantageous consequences will arise in case of an omission to do so - , however, at the latest within one week after delivery of the goods, respectively after the detection of the defects in writing, by e-mail (info@haskapberry.si).

If the product has been damaged during the shipping, the deliverer ( DPD etc.) must immediately, at the latest within four days after receipt of the shipment, be instructed to assess the damages; otherwise Haskap shall reject any claim settlement. Generally, the customer shall make any damage notifications. Depending on the varying national provisions at the delivery locations, either the customer himself or also Haskap shall make damage notifications within the EU.

b) If the customer is an entrepreneur or company he is obliged to inspect the delivered goods or rendered services immediately upon receipt for completeness, correctness and other faultlessness and send a written complaint about any possible defects including subsequent damages from defects immediately, at the latest, however, eight working days after the receipt of goods or rendered services and prior to a resale or use in writing, by  e-mail (info@haskapberry.si); failure to do so will  ure to do so will result in forfeiture of all claims he is entitled to (in the course of a proper examination for identifiable defects).

c) Warranty claims arising from defects expire within the statutory warranty period of 2 years from the delivery or performance. In case of defects of title this period commences with the detectability of the defect.

d) If the goods are defective, the customer may choose between correction and replacement. Only if these two services are impossible or impracticable the customer can claim - in accordance with the legal regulations - commensurate reduction in price or rescission. The customer is obliged to give Haskap  the opportunity to rectify a defect. If Haskap corrects a defect, this is done without cost and expense to the customer; however, Haskap can require the customer to return the goods - as far as this is practicable - at Haskap’s risk and cost.

e) Warranted characteristics of the goods are only those characteristics which Haskap explicitly guaranteed in writing. Haskap reserves the right to change its assortment, which does not represent a defect.

6. Rights of withdrawal / revocation for consumers

a) The customer, who is consumer within the meaning of the ZVPot, can withdraw in writing from a distance sales contract, or from a contractual declaration made in connection with distance sales, up until the expiry of the deadlines stated hereinafter without cause in writing. It shall suffice to send the declaration of withdrawal / revocation within the withdrawal period. The time period is 14 working days.

model form of withdrawal must not necessarily be used. A corresponding declaration with the same meaning will suffice.

b) According to ZEPT the customer has no right of withdrawal/revocation (besides further exemptions) for

  1. goods made to the consumer’s specifications or were clearly personalized; goods that are liable to deteriorate or expire rapidly sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery goods which are, after delivery, according to their nature, inseparably mixed with other items.

c) If the right to withdraw/revocation from the contract is exercised according to Section 6 par. a, Haskap must reimburse the customer for his payments made as well as for all delivery costs (with the exception of additional costs arising from the customer’s individual selection of a delivery method other than the regular cost efficient, standard delivery method selected by Haskap) immediately and at the latest within fourteen days from the day, on which the communication on withdrawal/revocation of the contract was received. For refunding of payments made by the customer, Haskap will use the same monetary transaction that was used by the customer in his original transaction, unless otherwise agreed upon with the customer; in any way there will be no fees charged for such refunding purposes. Haskap may, however, withhold refunding payment, until the goods are returned or the customer has provided the evidence, that he has returned the goods, depending on which happens earlier in time.

The return of the goods by mail or in person to Haskap [Mladinska str.21, 2000 Maribor, SLO] has to be carried out by the customer immediately, however at the latest within 14 days from the day, on which he has notified Haskap about his withdrawal/revocation. This deadline shall be deemed met, when the customer mails the goods prior to the expiration of the deadline. The customer bears the indirect cost involved with the return of the goods. He must only then bear the cost for a depreciation of the goods, if such depreciation was caused by an unnecessary way of handling the goods during inspection for consistency, qualities and functionality.

d) If the customer withdraws from the contract, the goods need to be returned to Haskap. The costs of return shall be borne by the customer. In the event of signs of wear, damaged packaging, missing of parts of the delivered goods as well as costs of return, which have not been paid, Haskap will impose an appropriate fee for the usage including a compensation for the related general reduction in value of the service rendered within the meaning of Section 6. c).

7. Returns

a) Returns shall only be accepted if they have been expressly agreed in advance with Haskap unless the customer exercises his withdrawal / revocation right according to Section 6 of these terms and conditions. For this purpose a complaint must be made in writing according to Section 5. a) or b) of the general terms and conditions, by  e-mail (shop@haskapberry.si) The risk of accidental loss and damage to goods during transport shall pass to the customer upon dispatch of the goods, unless the customer exercises his withdrawal / revocation right according to Section 6 of these terms and conditions. The costs of the return transport of the goods are borne by Haskap only in the case of a warranty according to Section 5. of these general terms and conditions but not in the case of a withdrawal/revocation of the customer according to Section 6. of these general terms and conditions.

8. Compensation for damages

a) Haskap is not liable for property damages and financial damages for whatever legal reason, especially due to delay, impossibility of performance, positive violation of a contractual duty, culpa in contrahendo, consequential damages, defects or tortious acts, that have been caused by Haskap or persons for whom Haskap is responsible, due to minor negligence. In case of contracts with consumers, personal injuries and damages caused to goods that were accepted for the purpose of processing are excluded from this liability exclusion.

b) Haskap shall not be liable for damages in excess of twice the order amount.

9. Terms of payment

a) Payment date: 
 Invoices are due immediately and are payable without deductions. The payment shall be deemed made once the payment was received at Haskap account; this shall not apply for consumers making payments by wire transfer. The verifiable instructions for the wire transfer shall be deemed on time for consumers..

c) Additional methods of payment: 
Additionally, payments can be made by PayPal.

d) Default: 
In case of default of payment or other services on the part of the customer, Haskap is entitled - irrespective of other rights - to withhold all deliveries pending under the current delivery period until the agreed counter performance is rendered or to withdraw from the contract after expiry of a reasonable period of grace and/or to demand compensation for non-fulfilment. In this case, the customer is obliged to immediately return the supplied goods to Haskap at the customer’s cost. Haskap reserves the right to assert compensation claims for depreciation, wear and tear, reimbursement of its own transport costs and other costs, while Haskap is entitled upon rescission of contract to claim or retain 20 % of the price of the goods as minimum contractual penalty.

In the event that the customer is in default of acceptance, Haskap is entitled to invoice any costs arising from this.

e) Default interest / collection fees: 
In the event of delayed payment Haskap will charge consumers default interest of 4% p.a. on the due invoice amount as of the day on which the invoice was due. In the case of entrepreneurs and companies, default interest of 9,2 % p.a. above the applicable base interest rate of the European Central Bank will be charged.

Collection fees and default interest at the statutory rate will be charged starting with the first reminder. Should a second reminder become necessary, all future deliveries will be carried out only against advance payment or cash on delivery. After an unsuccessful second reminder the claim will be assigned to a debt collection agency or a lawyer.

In case of breach of his contractual obligations the customer undertakes to reimburse Haskap for the necessary costs for the appropriate pursuance of the claims. The customer has to reimburse € 5.00 for each reminder and a further € 25.00 for maintaining evidence of the contractual obligations in the debt collection process. In addition, the costs of the debt collection agency are to be reimbursed up to the maximum collection fee specified in the respective ordinance for fee ceilings and the cost of lawyers in accordance with the Lawyers’ Fees Act.

 Haskap reserves the right to make any additional claims based on the individual case.

f) Offsetting: 
The prohibition of offsetting generally applies. The customer may offset any claims only in the case of payment default on the part of Haskap, or against connected, undisputed or legally established claims. Entrepreneurs and companies  may assert rights of retention only with regard to claims based on connected, undisputed or legally established claims.

g) Unauthorized deduction: 
In the event of the customer’s unauthorized deduction of discounts, shipping costs or other amounts, the outstanding amount will be collected by Haskap at the expense of the customer.

10. Reservation of title


Up to the full payment of the purchase price including all additional charges the supplied objects and goods remain the sole and unrestricted properties of Haskap. Until then they are merely goods the customer has been entrusted with and are not to be sold, pledged, given away or loaned. The customer is not entitled to dispose of these objects or goods without having obtained the prior express approval of Haskap and in all respects bears the full risk for the goods entrusted to him, especially with regard to the risk of their destruction, loss and deterioration. Haskap is entitled to demand the return of the goods which are in his property and to pick them up. In this case the customer waives his right to assert a right of retention.

11. Copyright, industrial property rights, secrecy

a) The use of texts, images, photos, layouts and other representations of the homepage www.haskap.si as well as parts thereof requires the prior written express approval of Haskap. In particular, documents such as leaflets, catalogues, samples, presentations and the like remain the intellectual property of Haskap. Any use, in particular the disclosure, reproduction, publication and making available including only partial copying, requires the express and prior written approval of Haskap.

b)  All rights are reserved to Haskap.

12. Miscellaneous

a) Deliveries and declarations of intent shall be made to the address provided by the customer on the order form with legal effect. The customer undertakes to provide complete and accurate information requested in the appropriate form during the conclusion of contract. In the event that the customer provides incorrect, incomplete and ambiguous information, the customer is liable for all costs and damages arising for Haskap therefrom. The customer is obligated to notify Haskap immediately and in writing, of changes of name, address or domicile, otherwise compensation for damages will be claimed. In case of omission, each written notification sent to the last address supplied by the customer shall be sufficient for the requirements of an effective notification.

b) The transfer of rights from the contract concluded with Haskap to third parties requires the written approval of Haskap.

13. Applicable law, place of performance, jurisdiction

a) Slovenian law applies exclusively to the legal relationships between Haskap and its customers under exclusion of its reference provisions and the UN sales law.

b) The place of payment and performance for all obligations arising from this contract is Maribor.

c) The competent court in Maribor is considered to be agreed as the exclusive place of jurisdiction for all disputes arising indirectly or directly from this contractual relationship with Haskap.

 

The general terms and conditions of Haskap, d.o.o are in accordance with the Slovenian Law of Obligations Code (OZ),   Electronic Market Act (ZEPT) and the Consumer Protection Act (ZVPot).

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