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General Terms and Conditions

General Terms and Conditions

 

GENERAL PROVISIONS

Supplier/ENIMAC, prenova in izgradnja informacijskih sistemov d.o.o., with the registered office at Vurnikova street, 2, 1000-Ljubljana, Slovenia. Registration number 3287483000, Tax number SI 42174066, Court/business register entry date 03.03.2008.

  • All the provisions included in these General Terms and Conditions apply to all the agreements made between Customers and ENIMAC d.o.o. They can be changed on the basis of individual written arrangements, signed by authorized Customer’s employees and by ENIMAC. The ENIMAC’s Terms of Cooperation are published on the website semi-boutique.com, in the “General Terms and Conditions” tab.
  • A party in the agreements made with ENIMAC can be exclusively a legal entity, registered at website semi-boutique.com as Business Customer, hereinafter called the Customer.
  • Agreements realization provisions being in force in the Customer’s company, different from the ENIMAC’s provisions, will not be accepted by ENIMAC. Any additional or different Customer’s trade provisions are binding for ENIMAC only when they have been explicitly accepted by ENIMAC d.o.o. in
  • In case of a change in the General Terms and Conditions made by ENIMAC during trade cooperation with registered Customers, the acceptance of these changed terms at first ordering shall be deemed as their acceptance for all the subsequent
  • The binding version of General Terms and Condition is the English language Other language versions, if any, serve information purposes only.
  • The Customer acknowledges that the goods sold by ENIMAC, unless provided otherwise by the manufacturer as to the purpose of the product, are not designed for and not intended for use, where failure could result in a threat to life or health, a catastrophe to property and, in particular, are not intended for medical use, rescue or life support as well as in nuclear

PRICES

  • The binding price during sales is the price published by ENIMAC on its website:semi-boutique.com at the time of placing the order, unless a different price has been agreed in writing by an authorized employee of ENIMAC.
  • Prices are considered as Sample Quantity Prices. The Customer can request the Quote Price using “Contact” tab for MPQ/MOQ Quantities for particular Products. Quote price Request is available for Business Registered Customers on website only.
  • In case of advance payment made for a given product purchase, the price being in force shall be the pro forma invoice The price indicated in the pro forma invoice shall be in force only until the last day of the payment deadline indicated in this invoice.
  • The prices shown on the web page semi-boutique.com are in EUR. Please, always check whether a given offer’s price includes VAT. The prices never include shipping and customs costs. They are Ex Works Ljubljana prices.
  • The owner’s right for the goods is transferred to the Customer at the moment of total payment for ordered

ORDERING METHOD

  • ENIMAC only accepts orders placed by the Internet sales system semi-boutique.com.
  • ENIMAC is not liable for any effects of incorrect or illegible order made by the Customer, especially for any incorrectness resulting in a delay in the order processing and failure in delivery of ordered
  • Goods can be ordered only in Samples Quantities from 1 pc to the limit set up for each Product family and shown next to the exactly Product by “Quantity” tab.
  • At a Customer’s request, a confirmation of placed orders is

DELIVERY OF GOODS

  • Shipping cost is incurred by the Customer, unless it is agreed otherwise upon a separate agreement made between the Customer and ENIMAC.
  • The amount of shipping costs depends on a package’s weight, its dimensions, country of destination, and a selected carrier/forwarder. ENIMAC arranges the delivery within European Union countries only. On default the offered shipping way is Regular Air Mail Postal Services provided by Posta Slovenije.
  • Terms of deliveries are Ex Works Ljubljana, unless the Customer agreed with ENIMAC the delivery term based on a separate
  • In case the Customer selects its own forwarder service then the collection of goods from ENIMAC is at Vurnikova 2, 1000-Ljubljana, Slovenia possible only after individual arrangements are made by the Customer and ENIMAC.

EU DELIVERIES

  • Customers from the European Union are obliged to give their European registration VAT number in order to make purchases at 0% VAT rate. If we do not receive such a confirmed number from you as well as the confirmation of the goods receipt, we will be obliged to issue an invoice with the VAT tax on goods and services (VAT) in accordance with the rate currently being in The Customer can be charged with tax on goods and services (VAT) if they do not present ENIMAC the confirmation of European registration VAT number validity on the day of the agreement conclusion with ENIMAC, or if this number is invalid on the day of the delivery. The Customer will be charged with the VAT tax on goods and services also when they transport the goods abroad on their own and when they do not provide us with the confirmation of exporting the goods to another European Union’s country.

EXPORT

5.b.   ENIMAC will not Export Goods for Customers with their head office outside the European Union.

SALES DOCUMENTS

6.a.   ENIMAC issues a sales document to every transaction made. It is always a VAT invoice:

6.a.1. Net VAT invoice, containing net prices and goods values. The tax is calculated as a product of value multiplied by rate. This type of invoice is issued to Customers with Business activity.

METHODS OF PAYMENT

  • ENIMAC accepts payments made by bank transfer or by electronic transfers to ENIMAC Bank account. The payment is made upon shipment delivered with accompanying Invoice. Regular payment terms are 15 days netto.
  • Customers can negotiate the payment In order to agree on the terms of payment, please contact ENIMAC by “Contact” tab.
  • ENIMAC reserves the right to charge the statutory penalty interest for untimely payments by the Customer and the possibility of charging the Customer with debt collection costs on the terms and in the amount provided for in the provisions in force on the date of the
  • ENIMAC reserves the right to refuse an order, to withhold the order processing, or to withhold the shipment of goods ordered if the Customer falls behind with payments, or if their legal or financial situation can cause problems with making payments in the future, or when ENIMAC has doubts about the financial situation of the Customer.

QUALITY AND GUARANTEES

  • Goods sold by our company are of high The way of their transportation, storage and packaging ensures their protection against damages, both mechanical and electrical.
  • An up-to-date list of products consistent with the RoHS Directive can be found in the respective Product Specification (Datasheet).
  • If a product contains a warranty, its provisions are

COMPLAINT PROCEDURE

  • Returns of defective and mistakenly delivered goods should be made exclusively after obtaining the consent from a ENIMAC. The goods can be returned only by shipment without cash on delivery. A Complaint employee can, in specific cases, ask a specific forwarder or carrier to collect the
  • The reason for the return may also be the delivery by ENIMAC of the products with parameters other than those described in the Datasheet, if the discrepancy of parameters affects the functionality of the products determined in accordance with their intended
  • After we receive the complaint notification and the goods concerned (if ENIMAC considers the examination of the goods as indispensable to consider the complaint) we examine the legitimacy of a given In case of accepting the complaint, it is only possible to reimburse the money, grant compensation with the current charges, or replace the goods with products free of any defects.
  • The complaint must include precise description of the complaint cause, a copy of purchase document and expected way of settling the complaint. Quantity complaints can be reported not later than 7 working days from the date of receiving the shipment.

9.h.  ENIMAC’s responsibility for delivery of defective goods is limited to the goods’ replacement or reimbursement of the   amount paid.

LIMITATION OF THE LIABILITY

10.a.     ENIMAC d.o.o. shall not be liable for any damage resulting from the failure to meet the delivery date, delivery of products with parameters other than those included in the Datasheet or online offer, as long as the discrepancy of parameters does not affect the functionality of the products determined in accordance with the intended purpose of the product, failure to deliver a product or price changes. Particularly, we are not liable for breaks in the production process, loss of profit, or indirect losses arising due to non-delivery of the appropriate goods in a given term. The above limitations do not apply to a situation, in which there was a separate agreement made regarding the goods’ delivery between the Customer and ENIMAC, in which the terms of delivery and liability for not meeting them were specified.

10.b.     TME is not liable for the effects of the delivered products misuse.

10.c.     TME is not liable for any mistakes in the print of the Datasheet or any mistakes in technical documentation available on the Internet.

10.d.     We also reserve the right to deliver goods with parameters other than those included in the catalogue, as long as the discrepancy of the parameters does not affect the functionality of the products determined in accordance with their intended purpose. Therefore, after receiving the goods from us, please check whether their properties do not differ from your requirements. The parameters and descriptions of the offered products are approximate only and may not constitute grounds for claiming compensation, as long as the non-conformities in this regard do not affect the functionality of the products determined in accordance with their intended purpose. It is the Buyer’s responsibility to ensure the proper use and application of the products.

10.e. ENIMAC is not responsible for any unlawful use of goods purchased from TME.

10.f.      In the event of a [quality] warranty being granted, ENIMAC shall not be liable for any damage resulting from the failure to handle the complaint in time.

10.h.     Subject to further restrictions provided for in these terms and conditions of cooperation, the responsibility of ENIMAC for non-performance or improper performance of the contract for sale of goods and warranties, regardless of the legal basis of the claim, is limited to liability for the actual losses incurred by the customer in the amount equivalent to the payment made for the price of the good affected by the non- performance or improper performance. At its discretion, ENIMAC will repair or replace a defective product with one free of defects, or refund the payment for the product, thus exhausting all claims from the Customer with respect to delivery of a defective product.

10.g.     The liability of ENIMAC under the statutory warranty for defects in the sold items is excluded.

FORCE MAJEURE

11.a.     ENIMAC is not liable for non-performance of the contractual obligations in whole or in part if external occurrences take place, described as “force majeure”, which cannot be controlled by ENIMAC. The “force majeure” term is understood as all unforeseen occurrences independent of ENIMAC, arisen after the agreement’s conclusion, such as in particular: war, riots, catastrophes, floods, transport problems, or strikes.

11.b.     If the “force majeure” period exceeds 2 weeks, both the Customer and ENIMAC have the right to terminate the agreement with an immediate effect without liability for damages caused by the agreement termination because of the “force majeure” occurrence.

LAW

  1. ENIMAC d.o.o. company is the owner of copyrights to the material included on the web page, particularly to the pictures, descriptions, translations, graphic form and to the ways of their presentation. Any reproduction of the information and technical materials in catalogues, on web pages or in any other way delivered by ENIMAC demands the ENIMAC consent in writing.
  2. These General Terms and Conditions are subject to the law of Republic of Slovenia, and the place of resolving disputes shall be a common court law competent for the ENIMAC’s head office (Ljubljana, Slovenia). ENIMAC can also take legal action against the Customer in the court having the jurisdiction over the Customer’s place of residence. Application of Vienna Convention on international sales of goods of April 11, 1980 shall remain excluded.

PERSONAL DATA PROTECTION

14.a.     ENIMAC undertakes to process the Customer’s personal data under the conditions specified in the relevant legal provisions that apply in this regard, in particular those specified in the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and in the Personal Data Protection Act of 10 May 2018.

14.b.     Providing personal data by the Customer is voluntary, but necessary for the registration on the website or conclusion of a sales contract.

Ⓒ Semi Boutique.