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Das Projekt wurde von der Europäischen Union aus dem Europäischen Fonds für regionale Entwicklung kofinanziert. www.strukturnifondovi.hr
Erfahren Sie mehr über das Projekt unter dem Link EU PROJEKT

The general terms and conditions

COMPANY INFORMATION:
Name: Tech garden j.d.o.o. for trade and services
Address: Braće Nakić 27, 22000 Šibenik
Office address: Bosiljevska 51, 10000 Zagreb
Bank details and account number IBAN: HR8424020061100781191 – Erste&Steiermarkische bank d.d.
OIB: 33926427830
MBS: 4537157
Legal representative: Violeta Blatančić
Owner: Violeta Blatančić
Telephone +385 (0)99 3333 585
Email: info@techgarden.hr
Company General Terms and Conditions for Sale and Services

These general terms of business apply to all contractual relationships between Tech Gardena and the parties that are
legal or natural persons, if such general business conditions are not wholly or partially explicitly excluded
written agreement between Tech Gardena and the party or if certain terms are in the written contract
between Tech Gardena and the parties arranged differently. These general terms of business enter into force on 1 May
2016.

The general terms and conditions are published on the website www.techgarden.hr

I. The validity of the general business conditions

1. These general terms of business are valid in the current version, including all future supply,
contracts for subsequent deliveries, assemblies and repairs between parties in a current business relationship,
without the need to re-engage or refer to general business conditions after being contracted.
Tech Garden j.d.o.o. will inform the party in writing of any changes to the general terms of business
make changes and submit a copy of the modified conditions on request.
2. Our general terms and conditions apply unlimited. Different, contradictory or additional general terms of business will become a part of the contract, only when the company Tech Garden j.d.o.o. their validity was explicitly acknowledged. That request applies in any case, for example, even if the company Tech Garden j.d.o.o. to know the general conditions the contractor’s business is delivered unreservedly.
3. Each section and article of these terms is valid for itself.
4. As for documents whose translation is added in a foreign language, which refer to the contract for which it is
Croatian language of negotiation, translation serves only as information. Only Croatian is key to the content of the contract text.
5. Notes on the validity of legal provisions serve only as an explanation. Even without such clarification, they are valid legal provisions, unless they have been directly modified under these general terms of business or explicitly excluded

II. Offers

1.
The offer is a legally valid document that defines all further business activities between Tech Garden and parties. Our bids are subject to change. They represent a call to the customer for delivery binding bidding for entering into a contract. Tech Garden j.d.o.o. it is not necessary to dispute such a written one the request of a potential buyer in case the contract will not be held. If nothing else is ordered after the order concluded Tech Garden j.d.o.o. has the right to accept the order within two weeks of the day it is received Received in Tech Garden j.d.o.o.
2. The descriptions and images of our products are only approximate. We reserve the right at any time, in
within the framework of technical progress or design changes to make changes to the subject of the contract. The usual
Color deviations, weight, etc. are possible. Most products depend on nature and climatic conditions: growth period and
and the same product varies greatly in eg autumn or spring.
3. Creating a bidding is free if the customer submits the designs that Tech Garden supplies to you
offer. If the client does not have a design and insists on the creation by Tech Gardena, they can be extra
costs.
4. We retain our proprietary rights and copyrights in posted documents, and in particular designs,
drawings, drawings and illustrations. They must not be copied or delivered to a third party without our consent.
5. Contracts enter into force only in writing of the acceptance of the contract.
6. Individual Agreements upon conclusion of the Contract (secondary arrangements, additions and changes)
always take precedence over the general business conditions. Such an agreement is acknowledged only as a written supplement (annex) to the basic contract.

III. Performance, jurisdiction and agreed rights

1. The place of execution for all contractual obligations is the address of the Tech Gardena headquarters in Sibenik, or the address office outlets in Zagreb.
2. Legal relations between the contracting authority and Tech Garden are subject to the competent court in Šibenik.

IV. Prices

1. All prices, unless otherwise agreed, are expressed in net amount and when delivering goods and / or services,
apply the applicable value added tax law in the calculation. Additional costs such as packaging,
freight, customs, insurance, installation, bank charges will be charged separately.
2. If VAT is not included in our account, especially because of the order of the customer, we start from “delivery within community “within the meaning of Article 41 of the Value Added Tax Act, or Article 79 of the Law on Value Added Tax the value added tax would, in each case, be defined in the statement of reasons for the reason VAT disbursement. If we start from “transfer of tax liability” and we are charged for VAT later on if the buyer is obligated, the amount paid by Tech Garden is fully paid to Tech Garden j.d.o.o. This duty is permanent irrespective of whether the company Tech Garden j.d.o.o. it has to pay the added tax value in a country or outside its own country.

V. Delivery time

1. The agreed delivery date is met if the goods left the site designated by Tech Gardena to the end of the delivery date or the delivery of the shipment to the customer.
2. If delivery depends on documents, permissions, or clarification of major enforcement issues
contract, which the contracting authority must deliver, then the agreed delivery time is only mandatory if the contracting authority 8 weeks before the delivery date, this issue is resolved or enclosed by documents or permits and in written form to at that moment the Tech Garden is notified, then according to that special written provision will be governed by both parties from
contract.

3. The delivery dates start on the day of order confirmation, ie on the day of advance payment.
4. Comply with delivery time is subject to compliance with agreed payment obligations. Besides, time
the delivery begins after the fulfillment of these contractual obligations, which are determined by an individual contract.
5. For delivery delays according to the above provisions, the new term of delivery and installation is only binding
after a written confirmation by one of the legally responsible employees of Tech Gardena. Equally valid for term
which became mandatory on the basis of legal provisions.
6. In the event that delivery is not able in some events, which makes delivery difficult or even complicated –
impossible (eg natural disasters, business disturbances, strikes, labor shortages, lack of raw materials,
traffic issues), regardless of whether they occur with us or with other suppliers and that we can not
delivery on time or by applying common precautionary measures, delivery terms are extended or extended
delivery times as long as the disruption lasted. If the disturbance lasts longer than 3 months then each
the party has the right to cancel the contract in writing. In case of cancellation of the contract it is necessary to compensate Tech Garden j.d.o.o. all the costs of work already done with the material. Upon request of one of the parties the other party should expire on expiration of three months of delay if he or she wishes to comply with the contract. Tech Garden j.d.o.o. it undertakes to inform the contracting authority of any delay in the delivery deadline.
Equally valid for late termination.
7. If Tech Garden is responsible for delays in delivery, the contracting authority may terminate the contract after
has set a reasonable post-deadline in writing and after that period has expired unexploitedly.
8. Compensation claims for failure to comply with the agreed delivery time lead to compensation
only for the ignorance of the company Tech Garden j.d.o.o. or their agents. This is not true if the job is over.
Legal provisions remain unchanged.

VII. Delivery, avoidance of danger, pickup, delay of pickup

1. Delivery starts at the site designated by Tech Garden, where it is also the place of delivery. At request
and the cost of the ordering commodity will be sent to another destination. Unless otherwise agreed Tech Garden
j.d.o.o. has the right only to determine the way of sending.
2. The customer is liable for the risk of damage to the goods at the latest when they are taken over. However when purchasing transportation, the risk of accidental deterioration and accidental damage to the goods as well as the risk of delay lies in freight forwarder or another person in charge of carrying out the carriage, but with delivery of the goods.
3.
The client is obliged to open and review the delivered order in front of the deliverer and determine
damage to the witness, immediately advertise the delivery service. Subsequent claims by Tech Garden will not be accepted.

VIII. Warranty

1. For customer’s rights in material and non-pecuniary damage (including, incorrect and incomplete delivery as well as
improper installation or improper installation instructions), the applicable legal provisions apply, if further
the text is nothing else specified.
2. A customer complaint claim assumes that the buyer has fulfilled his obligations in fullTech Garden j.d.o.o.
3. Tech Garden may refuse to rectify the deficiencies until the customer has settled all his debts,
with the exception of an amount corresponding to the amount of defective goods. In this case the buyer is obliged to pay in advance only if Tech Garden in writing confirmed the deficiencies.
4. Tech Garden needs to be able to look at site defects. If you do not enable our employees to review the defects on the spot right away, the complaint is invalid.

5. The time for the complaint expires on the terms of the guarantee for the products, ie from the moment of confirmation orders or commencement of the order. Tech Garden provides a guarantee for the following products at the following time period: all mosses 5 years, all foliage 3 years, all ferns 1 year and all flowers 1 year.
6. In the valid time period of the warranty, in the case of a claim after it has been found to be legitimate
founded and valued, Tech Garden does not make a refund of funds but is solely obliged to deliver to the customer
technically correct product.
7. In case of return of goods, Tech Garden does not bear the costs incurred from the cost of the delivery service; these costs is transfered exclusively by the contracting authority.
8. For the case referred to in Article II, paragraph 2. The Tech Garden General Terms and Conditions do not cover costs resulting from the final variation
products
9. The buyer is obligated to keep the goods in good condition during the retention period as ordered by them
compliance with the Terms and Recommendations for mounting and holding the product. Also, Tech Garden does not warrant a warrantyall the work on the installations that the client worked on in their arrangement.
10. In the event of non-fulfillment of the Terms and Recommendations for installation and retention of the product, the client does not exercise any
Guarantees for Tech Garden products

IX. Provisions applicable to installation and professional cleaning amd maintenance

1. Tech Garden performs instalations with warranty and non-warranty installation, repair, and redesign of installed installations. For
all items mentioned above are required to receive a written order at info@techgarden.hr .
2. Costs: For warranty and non-warranty installments, repairs and redesigns the party will be liable for
costs of the same based on the current Tech Garden price list for design and installation, ie on the offer for the requested service.
3. Previous cost estimates: In the event that a party requests a prior estimate of costs,
Tech Garden’s cost estimates are calculated in relation to the expected working time, according to
the cost of installing in relation to the size (square), as determined in the Tech Gardena price list, valid
on the day of cost estimation. Tech Garden makes an estimate of repair costs at its best
knowledge and with the utmost care. However in case the actual costs of repair and possibly consumed
materials exceed the estimated cost of performance, Tech Garden reserves the right to charge the actual costs
repair and spare parts.
4. Professional Cleaning Time Tech Garden installation is determined by a special contract with the party.
5. Additional installation costs may be incurred if the installation conditions do not correspond to the pre-determined ones conditions, in case the Tech Garden must be cut and redesigned on site and during assembly installation due to inadequate pre-delivered mounting measures.
6. Tech Garden will notify the Party, within ten (10) days of receipt of the order, that the cleaning or
performance can not be executed and will also indicate why the service can not be performed.

X. Damage indemity

1. Indemity for damage due to defects in the delivered goods is excluded if Tech Garden is not responsible for
inability to fulfill delivery or negligent delivery by the courier. Request for Compensation for
the defects or consequential damages arising from the delivery of defective goods presuppose that the Tech Garden
the disadvantage caused in the case of deliberate and gross negligence.
XII. Zadržavanje prava na vlasništvo

1. We reserve the right to own the delivered items and delivery installations until all of them have been repaired
costs by the contracting authority. Thus, the right of ownership to the subject of delivery also provides the customer’s request from contracts relating to the subject of delivery.
2. The buyer may resell the sold product only in the regular course of business provided it is not late
payment. He resigns after the conclusion of the contract between him and us, the corresponding claims arising
for sale or for some other legal reason against his client with all secondary security rights
Reasons for us completely. In case of execution, confiscation or any decision made by the ‘third party’ the contracting authority is obliged Suppliers should notify this with the attachment of all documents (custody procedure).

XIII. Terms of payment

1. Unless otherwise agreed, payment is always in advance. For larger orders the terms of payment are: 60%
after receipt of order confirmation and 40% before delivery and installation, ie, when the order is ready for
delivery.
2. In the case of non-payment after the due date of the bill, we can charge interest by no notice
legally prescribed rate to the customer as a penalty.
3. If a buyer is late for a payment of more than 10 days or there are proven reasons to suspect payment inability,
we are not obliged to make any further deliveries under current contracts
4. In case the buyer annuls the already confirmed order on which the production is started, there is no right to refund
paid advance payments.
XII Customer Delay
1. If the buyer does not take over the goods at the agreed delivery time or if the term of the assembly is terminated without our fault, we may request a fee for our additional charges.
2. If Tech Garden is entitled to claim damages for failure to comply with the agreement, it may,
regardless of the possibility of higher real damage, require 15% of their cost as compensation for damages, if the buyer does not proves that the damage has not occurred at all or is significantly lower than the lump sum

XIII. Other

1. Tech Garden is required to deliver the goods only after the buyer pays the order or shows any kind of financing guarantee accepted by Tech Garden.
2. These General Terms and Conditions shall be deemed to have been delivered to the Client if an electronic link is sent to the official the web site where they were placed (www.techgarden.hr), if they were delivered by electronic mail or by registered post.

Das Projekt wurde von der Europäischen Union aus dem Europäischen Fonds für regionale Entwicklung kofinanziert.
Der Inhalt der Website liegt in der alleinigen Verantwortung von Tech Garden j.d.o.o.