TERMS AND CONDITIONS OF SALE - "THE AGREEMENT"
IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which Esva sistemi d.o.o. trading as Smart-antifouling.com ("mart-antifouling.com") of Trpinceva ulica 108, SI-1000 Ljubljana, Slovenia ("Us"/"We"/"Our") contracts with You as a consumer NOT dealing in the course of a business ("You"/"Your"/"Yourself") for the sale or the supply of goods and services ("Goods") in accordance with the Conditions. All orders are accepted by Us and are subject to the following Conditions:
1.1 You may make an order via Our website.
1.2 All orders which are accepted by Us shall be subject to these Conditions and no contract shall be deemed to be in place until We have accepted Your order. An order is not accepted until Your payment is processed. Your payment will not be processed until We have verified that Your order can be fulfilled from stock. Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your request has been received and does not in any way denote acceptance of Your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable Us to evaluate and/or process the order. If You wish to cancel Your order or return Goods please see Our cancellation and returns terms below.
1.3 You will be advised if an item is out of stock. You may be offered an alternative product if one is available or You may cancel Your order.
2.1 All prices are quoted in euros (EUR) and do not include cost of delivery and packaging.
2.2 Payment shall be made at the time that the order is placed. Payment may be made through major credit card and debit card processing services or via bank transfer. Goods will not be despatched until We are in receipt of cleared funds.
2.3 Prices quoted are exclusive of VAT and are current at the time of publishing. While every endeavour will be made to maintain them at their present low level We reserve the right to effect changes without prior notice. If ordering outside of the EU we reserve the right to charge more for large or bulkier orders. You will be contacted prior to order acceptance to agree these additioanl costs. Prices will be as confirmed by Us when Your Order is confirmed.
2.4 We reserve the right at any time to correct clerical omissions and errors without any liability on Our part.
3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when the Goods have been delivered to You and We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods and in respect of any other agreements between You or Us.
4.1 All delivery will normally be made within 5 business days after the order is accepted Monday to Friday, but not longer than 45 days. The average production time and delivery time is 20 days.
4.2 If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.
4.3 Time for delivery shall not be of the essence. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non delivery of Goods. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered.
4.4 When Goods are delivered to You, You should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received.
4.5 If You believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, You must report these to Us within two working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to Us. Please see our return terms below.
4.6 We reserve the right not to accept bulk orders or orders for resale. Where we do accept we will contact customer to pay the additional delivery cost associated with delivering a bulk order.
5.1 Provided You are a private consumer You may cancel any order made by You via Our website at any time within 8 days of receipt by You of the Goods. This Condition extends your statutory rights of cancellation. You must notify Us by e-mail to email@example.com or firstname.lastname@example.org if you wish to return Goods. Return shipping costs will only be refunded where We have sent faulty Goods in error. The provisions of this Condition 5.1 shall not apply in respect of any Goods which are:
5.1.1 goods which have been supplied according to Your particular specification or which are personalised; or
5.2 Goods described above at 5.1.1 cannot be returned unless:
5.2.1 there has been a delivery error;
5.2.2 such products are returned in response to a product or batch recall; or
5.2.3 such products are damaged or faulty;
5.3 Goods which are returned to Us must be accompanied by a copy of Your delivery note or a covering letter stating Your name, address and order number and reason for return.
5.4 Any returned item lost, damaged or defaced in transit to Us will not be credited. If You have not received an acknowledgement or credit note from Us within 14 days You should notify Us.
5.5 Any returned items must be returned at your own cost and must be packed in its original packaging and suitably labelled addressed to Esva Sistemi d.o.o., Smart-antifouling.com, Trpinceva ulica 108, SI-1000 Ljubljana, Slovenia. Goods must be returned in the same condition that they were in when despatched to you. We recommend that You use a reputable courier or Recorded Delivery. Please retain any proof of posting, receipt or tracking number for any item returned as We cannot accept responsibility for Goods until signed for by Us.
5.6 Unless expressly authorised by Us in writing, any Goods can only be returned for credit if unused (subject to Condition 8.2), complete and in the original packaging. Please note: If You return Goods (which are not faulty) for exchange We will charge You for shipping the new Goods back to You.
5.7 Subject to Your statutory rights of cancellation and Our extended cancellation terms as set out at Condition 5.1, an order can only be cancelled at Our discretion. On no account can cancellation be accepted for items sourced specially by Us on Your behalf which is not advertised on Our website.
6.1 All Goods come with a 24 month guarantee backed by the manufacturer.
6.2 In relation to faulty Goods:
6.2.1 For purchases under 30 days old (from date of despatch by Us), We will exchange the item at Our expense. Please e-mail email@example.com or firstname.lastname@example.org for details.
6.2.2 For purchases over 30 days old (from date of despatch by Us) and less than 12 months please send back the item. We will inspect the item and at our discretion, we will either repair, replace or return the item to You (We will return the item if We feel there is no manufacturing fault). If we determine the items is faulty, then We will reimburse reasonable costs that were incurred when the item was returned (upon production of valid receipts).
6.2.3 We accept no responsibility for Goods not received or damaged in transit.
7.1 While every effort has been made to portray items accurately on Our website and other advertising materials, slight variations may occur.
7.2 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.
7.3 Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints.
8.1 Subject to Conditions 8.3 and 8.4 below and save as otherwise expressly provided in these Conditions, all warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law.
8.2 Subject to Conditions 8.3 and 8.4 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof.
8.3 Conditions 8.1 and 8.2 do not apply where You deal as a consumer to the extent that such exclusions or limitations are not permitted by law.
8.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
8.5 Save where expressly provided otherwise in these Conditions, subject to condition 8.4 Our entire liability under or in connection with:
8.5.1 any order or the Goods shall not exceed the price of the Goods; and
9.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
9.2 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties.
9.3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
9.4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
9.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of Our rights hereunder.
9.6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
9.7 This Agreement shall be governed by and construed in accordance with the laws of Slovenia whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.