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info@toplifter.si Šarhova ulica 19, Maribor
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General Terms and Conditions

This is a translation provided for convenience. In the event of any discrepancy, the Slovenian version of these General Terms and Conditions shall prevail.

GENERAL TERMS AND CONDITIONS

GENERAL PART

The general terms and conditions of business (hereinafter: general terms) of the company TOPLIFTER d.o.o., Šarhova ulica 19, 2000 Maribor (hereinafter: the company) form an integral part of all contracts between the company and buyers of products (hereinafter: the customer) doing business with TOPLIFTER, d.o.o., Šarhova ulica 19, 2000 Maribor.

The provisions of these general terms also apply to all offers, pro forma invoices, preliminary contracts, legal declarations and other services arising from business between the company and the customer.

These general terms and conditions are drawn up in accordance with the Consumer Protection Act (ZVPot), the General Data Protection Regulation (GDPR), the applicable personal data protection legislation and the Electronic Communications Act (ZEKom-1).

These general terms and conditions govern the operation of the company’s online store, the rights and obligations of the user and the store, and regulate the relationship between the company and the customer.

Use of terms:

  • Customer is a natural or legal person in a legal business relationship with the company, regardless of its legal or organisational form.
  • Consumer is any customer who is a natural person and acquires or uses the company’s goods or services for personal purposes or for purposes outside their professional or gainful activity.
  • Offer is a uniform term for an offer in various forms, a pro forma invoice or another form of proposal for concluding a contract that the company presents to the customer.
  • Contract is a written agreement concluded between the company and the customer. An offer or pro forma invoice sent by the company to the customer and accepted or confirmed by the customer is also deemed to constitute a contract. These general terms form an integral part of every contract.
  • Subject of the contract is goods from the company’s sales catalogue.

Regarding notifications to the customer about delivery, conclusion, withdrawal from or amendment of the contract and all other information, the dispatch rule applies. This means that the date on which the company sends the notification via the communication medium is deemed to be the date on which the customer is notified.

All notifications to customers relating to the delivery of the subject of the contract, the conclusion of or withdrawal from the contract and other information are provided by the company via e-mail to the address provided by the customer. The company also provides notifications by regular mail, telephone or in another manner agreed with the customer.

The company undertakes to always provide the buyer with the following information:

  • information on the identity of the company (company name, registered office, registration and tax number,
  • information on entry in the register, stating the register and the registration number),
  • contact details (address, e-mail address, telephone number),
  • information on the basic characteristics of the products and the essential features of the goods or
  • services (including after-sales services and warranties),
  • information on product availability,
  • delivery terms (method, location and date of delivery),
  • unambiguously stated prices,
  • conditions and deadlines for withdrawal from the contract,
  • information on liability for material defects, and
  • information on the complaint procedure.

The company undertakes not to impose any contractual terms that would be unfair to the consumer, in accordance with the provisions of the ZVPot. Unfair contractual terms are null and void.

APPLICATION OF THE GENERAL TERMS AND CONDITIONS

These general terms take precedence, meaning they fully replace any missing, differing or conflicting contractual provisions between the company and the customer.

These general terms replace any general terms and other documents of the customer, unless the company expressly excludes the application of these general terms in writing.

These general terms form an integral part of contracts concluded between the customer and the company. By signing the contract or otherwise entering into a contractual relationship, the customer fully agrees with the content of these general terms. The customer thereby expressly acknowledges that only the company’s general terms apply to all mutual legal relationships. If the customer wishes to do business with the company and enter into contractual relationships with it, they are obliged to accept these general terms in full and in the form in which they exist. The customer waives the possibility of influencing the content, the form and individual contractual provisions of the general terms.

These general terms apply in addition to general statutory regulations as an individual special act.

By signing a contract or another legal act, the customer is deemed to be fully acquainted with the content of these general terms. Placing a valid order with the company is also deemed to constitute signing of the contract.

These general terms bind the consumer only if the consumer was expressly notified of their existence before the conclusion of the contract, pro forma invoice, preliminary contract or offer. The consumer must have every opportunity to become fully acquainted with the general terms in an understandable and accessible manner.

CHANGES TO THE GENERAL TERMS AND CONDITIONS

The company undertakes to publish every change to the general terms and conditions on the website www.toplifter.si together with the effective date of the change.

The general terms are binding in the form and with the content that was available to the customer on the day the contract was concluded. In the event of a change to the general terms, the changes become binding on the customer on the day they become acquainted with them.

The customer is deemed to be acquainted with the changes at the moment the change is published on the website www.toplifter.si and upon receipt of the notification of the change. The customer is thereby deemed to consent to the change of the general terms.

If the customer declares that they do not agree with the changed terms of business, the company has the right to withdraw from the contract.

Should any individual provision of the contract or the general terms be invalid or unenforceable, or should a legal gap arise, this shall not affect the remaining provisions of the contract or the general terms; the contracting parties agree that the invalid, unenforceable or missing provision shall be replaced by the provision closest to the purpose or objective of the contract.

GENERAL PROVISIONS

The customer is obliged to inform the company of all data and facts relevant to establishing and continuing the legal business relationship, in particular data on a change of the customer’s residence or registered office, a change in the customer’s ownership structure, a change in the customer’s legal form, the occurrence of circumstances indicating the customer’s insolvency, regardless of whether the statutory conditions for initiating bankruptcy or compulsory settlement proceedings are met, and other data, events and circumstances that may affect the legal business relationship between the company and the customer.

The company collects certain personal data of customers. The types of personal data, the purpose of their processing and the legal bases for processing are governed by the Privacy Policy document, which forms an integral part of the general terms and conditions. Customers can consult the Privacy Policy on the website www.toplifter.si

The company strives to keep the information and data in the online store up to date. Minor deviations from the actual characteristics of a product may occur in advertising messages and in product descriptions in the online store; these do not bind the company. The company is, however, bound by all statements regarding the characteristics of the goods that are included in the specific offer or contract. The company reserves the right to change the specifications or information referred to in the previous point without prior notice to the customer; specifications and information are binding only if they are set out in the contract.

When doing business with consumers, the company is bound by the statements in advertising messages regarding prices, the characteristics of goods and warranty conditions. Prices in advertising messages are stated in euros (€) and do NOT include VAT.

PRICES

Prices displayed on the company’s website may change without prior notice. When doing business with consumers, the prices stated in the company’s price list do NOT include VAT.

Before concluding the contract, or before the offer becomes binding on the customer, the company will provide the customer with the final price including VAT. If the final price cannot be calculated in advance due to the nature of the goods or service, the company will inform the customer of the method of calculating the final price.

Prices are binding from the moment the order confirmation e-mail is sent to the customer. Prices apply at the moment the order is placed and have no predetermined period of validity. All product prices in the online store www.toplifter.si are stated in euros (€) and apply until revoked. Postal service charges are calculated separately.

The seller reserves the right to shorten the period of a reserved price at its own discretion in the case of special promotional offers, the introduction of new products or promotional campaigns, which is indicated with the promotional price of the individual product.

The sales contract between the provider and the customer is concluded at the moment the provider accepts and confirms the order. From that moment on, all prices and other conditions are fixed and apply to both the provider and the buyer. After the successful placement and confirmation of the order, the contract between the company and the customer is stored electronically in the database and retained by the company.

Upon agreement with the customer, the product will be dispatched via a postal services provider. Delivery of the order then depends on the postal services provider (the 24/72-hour rule usually applies – depending on the customer’s location and the delivery service’s logistics). Orders received on Friday after 2 p.m., on Saturdays, Sundays and public holidays will be treated as orders received on the next working day and will be dispatched in the same manner as described for regular working days. Prices including VAT for express deliveries throughout Slovenia are the same. The buyer pays the delivery costs according to the currently valid price list. This applies to Slovenia only.

PAYMENT METHODS

The company enables payment for products and services to the company’s bank account.

The security of personal data and payments is the responsibility of the payment service providers. For everything else, the company uses appropriate technical and organisational means to ensure the security and confidentiality of personal data and payment information.

INVOICING

The method of payment is agreed between the company and the buyer on the basis of a pro forma invoice/offer/invoice. The provider issues the buyer an invoice with itemised costs. The company sends the customer the invoice for the ordered goods or services as a PDF document to the e-mail address provided by the customer when placing the order.

It is the customer’s duty to review all order data and specifications before placing the order. Objections raised later regarding irregularities in issued invoices will not be considered.

OWNERSHIP

All records, documents, technical documentation and other documentation related to the subject of the contract are and remain the property of the company even after the conclusion of the contract, unless the company has issued written permission for the use of this material. If the company gives its consent to the use of this documentation, the customer undertakes to use it exclusively for the agreed purposes; reproduction, distribution, modification, public display and performance as well as other forms of exploitation without the company’s written consent are prohibited. The customer agrees and is expressly aware that the said documentation constitutes a business secret of the company.

Unless otherwise agreed in the contract between the company and the customer, the company retains ownership, copyright and related rights to all documents that are required or provided in connection with the conclusion and/or performance of the contract.

BUSINESS SECRECY

Contracts concluded between the company and the customer are a business secret. All data provided by the company to the customer before the conclusion of the contract, such as various manuals, instructions, tables, price lists, business or financial data, etc., are also a business secret. The customer undertakes to protect the company’s business secrets for the entire duration of the contractual relationship.

Data whose disclosure could seriously harm TOPLIFTER d.o.o., Šarhova ulica 19, 2000 Maribor, must be kept by the customer as a business secret for a further 5 years after the end of the contractual relationship. In the event of a breach of business secrecy, the customer is liable for damages and bears criminal liability. The contracting parties may agree in the contract on exceptions to these provisions.

LIMITATION OF LIABILITY

The company strives to ensure the accuracy of the data published in the online store. Product characteristics, delivery times or prices may change so quickly that the company is unable to correct the data in the online store in time. In such a case, the company will inform the buyer of the changes and enable them to withdraw from the order or exchange the ordered goods.

Photographs do not guarantee the characteristics of the goods. The company endeavours to provide accurate photographs of the products for sale, but all photographs must be regarded as symbolic.

The company reserves the right to temporarily disable access to the website in the event of technical problems or maintenance work. In the event of technical problems, the company reserves the right to cancel all orders placed during the period in which the technical problems occurred. Before visiting the company’s website, the customer must, at their own responsibility, ensure the security of their technical means of accessing the website and the security of their usernames and passwords on the website.

The company reserves the right, in exceptional cases, to withdraw from fulfilling an order when the ordered products are no longer available, if an increased payment risk on the part of the buyer is established, or if an obvious error has occurred in the price list. In all such and similar cases, the customer will be informed immediately of any withdrawal from the contract by the company.

The company reserves the option to withdraw from the contract if a material error is established in accordance with Article 46 of the Obligations Code. A material error is an error concerning the essential characteristics of the goods and any error which, according to trade customs or the intention of the parties, is considered material and in the knowledge of which the company would not have concluded the contract. This also includes obvious pricing errors.

HANDLING COMPLAINTS AND DISPUTE RESOLUTION

The law of the Republic of Slovenia applies exclusively to the interpretation of these terms of sale or of contracts concluded between the company and the customer. The contracting parties undertake to resolve all disputes amicably; if all out-of-court avenues for reaching an agreement are exhausted, the territorially competent court in the Republic of Slovenia according to the company’s registered office shall have jurisdiction to resolve the dispute.

In accordance with the statutory framework, the company does not recognise any provider of out-of-court resolution of consumer disputes as competent to resolve a consumer dispute that a consumer could initiate under the Act on Out-of-Court Resolution of Consumer Disputes.

WITHDRAWAL FROM THE CONTRACT

In the event of a breach of the provisions of the contract or of these general terms by the customer, the company has the right to withdraw from the contract without further notice to the customer. In such a case, the company will refund any amounts paid to the customer’s transaction account.

The company also has the right to withdraw from the contract if a customer who is not a consumer becomes insolvent or unable to pay, or if the funds in their business account are blocked for more than 15 days, or if compulsory settlement or bankruptcy proceedings are initiated or merely proposed.

The company has the right to withdraw from the contract if the customer fails to fulfil their obligations, if the customer provides untrue information that hinders or prevents the fulfilment of the contract, and if the customer does not settle their obligations in accordance with the contract and these general terms.

The buyer has the right to return the purchased goods within 45 days without any compensation. However, the buyer must bear the costs incurred in returning the subject of the purchase. The buyer must notify the provider of the intended return in writing, no later than 14 days after receiving the goods, at the contact e-mail address info@toplifter.si, and return the goods within a further 30 days.

If the buyer is not satisfied with the purchase for any reason, they have the right to withdraw from the purchase without any compensation and without stating a reason, and the company will refund the purchase price. The products should be unused, undamaged and in their original packaging, with the manuals and all warranty certificates received at the time of purchase. A photocopy of the original invoice must be enclosed with the returned products. The buyer may send/return the goods by post or in person to the address TOPLIFTER d.o.o., Šarhova ulica 19, 2000 Maribor. The costs of returning the goods are borne by the buyer. Returns will not be accepted for products that have been damaged or used. Article 43 of the Consumer Protection Act sets out exceptions for which the customer has no statutory right of return.

The online store www.toplifter.si reserves the right to refuse, at the sender’s expense, the return of a damaged or used product or of a product that does not include all accompanying elements upon return (box, invoice, original packaging, etc.). The product must be handled economically and carefully, as only in this way can the exchange of the product or the refund of the purchase price be carried out without complications.

The company will transfer the purchase price for the returned items to the buyer’s transaction account, the number of which should be enclosed with the returned product or sent by e-mail to info@toplifter.si or to the address TOPLIFTER, d.o.o., Šarhova ulica 19, 2000 Maribor, marked “vračilo” (return).

The return postage is paid by the buyer. The full purchase price will be refunded to the buyer’s transaction account within 15 working days at the latest. The right of return does not apply to goods made to the customer’s precise instructions – adapted to their specific needs – and consequently, by their nature, unsuitable for return. The right of return does not apply if the original packaging has been removed.

The online store www.toplifter.si does not charge users for the use of the means of communication (the website www.toplifter.si).

DATA PROTECTION AND PRIVACY

In accordance with the General Data Protection Regulation (GDPR), we have adapted our data storage and processing procedures and, in accordance with the legislation, we are committed to protecting your personal data and respecting your privacy.

The company undertakes that the customer’s personal data is stored, protected and processed exclusively by TOPLIFTER, d.o.o., Šarhova ulica 19, 2000 Maribor. The data is appropriately protected against loss, destruction, forgery, manipulation and unauthorised access or unauthorised disclosure by third parties.

The protection of privacy and the security of the purchase are also ensured by complying with all applicable legal obligations and the recommendations of the Slovenian and international consumer associations.

All data obtained through the online store is used exclusively for the purposes of processing and delivering orders, operating the online store and sending informational materials, offers, invoices and other necessary communication.

User data will under no circumstances be handed over to unauthorised persons. For the purposes of successful delivery, only the user’s delivery address, e-mail address and telephone number will be communicated to the delivery service. Contact with the customer via means of distance communication is established only if the customer does not expressly object to it.

INFORMATION

For any additional information, we are always available at info@toplifter.si, where we will be happy to answer your questions, suggestions, needs and wishes.

FINAL PROVISIONS

Upon purchase, the customer confirms that they are fully acquainted with the general terms and conditions of the online store www.toplifter.si and that they agree with them. In the event of any disputes, both parties will strive to resolve them amicably. If mutual agreement cannot be reached, the territorially competent court in the Republic of Slovenia according to the company’s registered office shall have jurisdiction. The company reserves the right to changes and errors in prices and in the written text.