General business conditions of Tech Garden d.o.o.
BASIC INFORMATION:
Name: Tech Garden d.o.o. for trade and services
Headquarters: Braće Nakić 27, 22000 Šibenik
Office address: Bobovačka 2, 10000 Zagreb
Business bank and giro account number IBAN: HR8424020061100781191 – Erste&Steiermarkische bank d.d.
OIB: 33926427830
MBS: 4537157
Society members: Violeta Blatančić and Željko Blatančić
Persons authorized for representation: Violeta Blatančić
Phone number +385 (0)99 3333 585
Email address: info@techgarden.hr
General business terms and conditions for sales and services of the sales range of Tech Garden d.o.o. (hereinafter referred to as “Tech Garden”).
These general terms and conditions apply to all contractual relationships between Tech Garden and parties, who are legal or natural persons, if such general terms and conditions are not expressly excluded in whole or in part by a written contract between Tech Garden and the party, or if certain conditions are in the written contract between Tech Garden and the party arranged differently. These general business conditions come into force on May 1, 2016.
The general conditions are published on the website www.techgarden.hr
Validity of general business conditions
These general terms of business are valid in their current version, including all future contracts for the delivery of goods, contracts for subsequent deliveries, installations and repairs between parties in an ongoing business relationship, without the need to re-incorporate or refer to the general terms and conditions of business once already agreed. The company Tech Garden d.o.o. will inform the customer in writing about the changes and send a copy of the changed conditions upon request.
Our general terms and conditions apply indefinitely. Different, contradictory or additional general business conditions will become part of the contract, only when Tech Garden d.o.o. has expressly recognized their validity. This requirement applies in every case, for example, even if the company Tech Garden d.o.o., knowing the general conditions of business of the contractual partner, makes the delivery without reservation.
Each provision of these terms is valid on its own.
As for documents whose translation has been added in a foreign language, and which refer to the contract, for which Croatian is the language of negotiations, the translation serves only as information. Only the Croatian text is crucial for the content of the contract.
Notes on the validity of legal provisions serve only as clarification. Even without such a clarification, the legal provisions apply, unless they are directly changed in these general terms of business or were expressly excluded.
Offers
The offer is a legally valid document that defines all further business activities between Tech Garden and the party. Our offers are subject to change. They represent an invitation to the client to submit a binding offer for concluding a contract. The company Tech Garden d.o.o. is not obliged to dispute such a written request of a potential customer in the event that the contract will not take place. If nothing else is concluded after the order, Tech Garden d.o.o. has the right to accept the order within two weeks from the day it was received by Tech Garden d.o.o..
Descriptions and images of our products are only approximately authoritative. We reserve the right to make changes to the subject of the contract at any time, in the context of technical progress or design changes. Normal deviations in color, weight, etc. are possible. Most products depend on nature and climatic conditions: the period of growth and harvest, and the same product varies greatly, for example, in autumn or spring.
The creation of the offer is free of charge if the client submits the plans according to which Tech Garden submits the official offer. If the client does not have plans and insists on their creation by Tech Garden, additional costs are possible.
We retain our ownership and copyright rights in submitted documents, especially designs, drawings, sketches and illustrations. They may not be copied or delivered to a third party without our consent.
Agreements come into force only upon written acceptance of the agreement.
Individual individual agreements after the conclusion of the contract (side agreements, amendments and changes) always take precedence over the general terms of business. Such an agreement is recognized only as a written addendum (annex) to the basic contract.
III. Performance, Jurisdiction and Agreed Rights
The place of performance for all contractual obligations is the address of Tech Garden’s headquarters in Šibenik, that is, the address of the branch office in Zagreb.
Legal ties between the customer and Tech Garden are subject to the competent court in Šibenik.
Prices
All prices, unless otherwise agreed, are stated in the net amount and upon delivery of goods and/or services, the applicable Value Added Tax Act will be applied to the calculation. Additional costs such as packaging, freight, customs, insurance, assembly, bank charges will be calculated separately.
If VAT is not included in our invoice, especially due to the customer’s statement, we proceed from “delivery within the community” in the sense of Article 41 of the Value Added Tax Act, that is, according to Article 79, paragraph 3. According to the Value Added Tax Act, the reason for non-calculation of VAT will be defined in the invoice notes according to each individual case. If we start from the “transfer of tax liability” and are charged for VAT subsequently, in that case the customer is obliged to fully pay the amount charged by Tech Garden to Tech Garden d.o.o.. This duty is constant regardless of whether Tech Garden d.o.o. owes value added tax in the country or outside its own country.
Time of delivery
The agreed delivery date has been fulfilled, if the goods have left the place designated by Tech Garden by the end of the delivery date or if the customer has been shown the sent shipment.
If the delivery depends on documents, permits, or on the clarification of important problems related to the execution of the contract, which the customer must deliver, then the agreed delivery date is only binding if the customer resolves the issue 8 weeks before the delivery date, i.e. submits the documents or permits in writing until that moment Tech Garden is notified, then both parties to the contract will be bound by that special written provision.
Delivery deadlines start on the day of order confirmation, or preferably on the day of advance payment.
Compliance with the delivery time is conditioned by the fulfillment of the agreed payment obligations. In addition, the delivery time begins after the fulfillment of these contractual obligations, which are determined by the individual contract.
In the event of a delay in delivery according to the stated provisions, the new delivery and installation date is binding only after written confirmation from one of Tech Garden’s legally responsible employees. The same applies to appointments that have become mandatory based on legal provisions.
In the event that delivery is prevented due to force majeure or events that make delivery difficult for us or even make it impossible (e.g. natural disasters, business disruptions, strikes, layoffs, lack of raw materials, traffic problems), regardless of whether if they occur with us or with other suppliers and we cannot make the delivery on time even by applying the usual precautions, the delivery dates are moved, that is, the delivery dates are extended as long as the disturbances lasted. If the disturbance lasts longer than 3 months, then each party has the right to cancel the contract in writing. In case of cancellation of the contract, it is necessary to compensate Tech Garden d.o.o. for all the costs of work already done with the material. At the request of one of the parties, at the end of the three-month grace period, the other party must state whether it wishes to comply with the contract or not. The company Tech Garden d.o.o. undertakes to inform the customer of any delay in the delivery date. The same applies to the termination of delay.
If Tech Garden is responsible for the delay of the delivery deadline, the customer can terminate the contract, after he has set us a reasonable subsequent deadline in writing and after this deadline has expired unused.
Claims for damages due to non-compliance with the agreed delivery time lead to damages only in case of negligence of Tech Garden d.o.o. or their representatives. This does not apply if the deal is concluded. The legal provisions remain unchanged.
VII. Delivery, hazard avoidance, pickup, delay pickup
Delivery starts from the place designated by Tech Garden, which is also the place of performance of services. At the request and expense of the customer, the goods will be sent to another destination. Unless otherwise agreed, Tech Garden d.o.o. has the right only to determine the method of delivery.
The customer is responsible for the risk of damage to the goods, at the latest upon collection. However, when purchasing transportation, the risk of accidental deterioration and accidental damage to the goods as well as the risk of delay falls on the freight forwarder or another person in charge of the transportation already with the delivery of the goods.
During delivery, the client is obliged to open and inspect the delivered order in front of the delivery person and the determined damage with a witness, immediately report to the delivery service. Tech Garden will not accept subsequent complaints.
VIII. Warranty
For the buyer’s rights in the event of material and non-material damage (including incorrect and incomplete delivery as well as incorrect installation or incorrect installation instructions), valid legal provisions apply, unless otherwise stated in the following text.
The request for a complaint by the customer assumes that the customer has fully fulfilled his obligations towards the company Tech Garden d.o.o..
Tech Garden can refuse to remedy the defects, until the customer has settled all his debts, with the exception of one amount corresponding to the amount of the defective goods. In this case, the buyer is obliged to pay in advance only if Tech Garden has confirmed the defects in writing.
Tech Garden must be allowed to inspect defects on site. If an on-site inspection is not possible, the complaint is invalid.
The deadline for complaints expires according to the established warranty terms for products, i.e. from the moment of order confirmation or the start of order creation. Tech Garden guarantees the following products for the following period of time: all mosses for 2 years, all leaves for 2 years, all ferns for six months and all flowers for six months.
The warranty includes repair of the installation, additional material and the work of field workers, but does not cover the cost of travel to the location itself.
During the valid warranty period, in the event of a complaint after it has been established that it is legally founded and valid, Tech Garden does not refund funds, but is solely obliged to deliver a technically correct product to the customer.
In case of return of the goods, Tech Garden does not bear the costs arising from the costs of the delivery service; these costs are borne exclusively by the client.
For the case from Article II, paragraph 2. According to the general terms and conditions of business, Tech Garden does not bear the costs resulting from variations of the final product
The customer has the obligation to keep the goods in good condition during the retention period, which in particular includes compliance with the Terms and recommendations for assembly and storage of the product. Also, Tech Garden does not grant a guarantee for all installations performed by the client in its arrangement.
In case of non-fulfillment of the Terms and recommendations for mounting and holding the product, the client does not realize any guarantees for Tech Garden products.
Provisions that apply to assembly and professional cleaning
Tech Garden performs warranty and out-of-warranty installations, repairs and redesign of installed installations. For all the listed items, a written order is required at info@techgarden.hr.
Prices and costs: for warranty and out-of-warranty installations, repairs and redesign, the customer will be charged for the same costs based on the valid Tech Garden design and installation price list, or according to the offer for the requested service.
Preliminary preparation of the cost estimate: In case the customer requests the preliminary preparation of the cost estimate, Tech Garden charges the preparation of the cost estimate in relation to the expected working time, according to the price of the installation performance in relation to the size (square footage), as determined in the valid Tech Garden price list on the date of making the cost estimate. Tech Garden prepares repair cost estimates to the best of its knowledge and with the utmost care. However, in the event that the actual costs of repair and possibly used materials exceed the estimated cost of performance, Tech Garden reserves the right to charge the actual costs of repair and spare used materials.
The deadline for professional cleaning of Tech Garden installations is determined by a specially concluded contract with the party.
Additional installation costs are possible in the event that the installation conditions do not correspond to the previously determined conditions, in the event that Tech Garden has to cut and redesign the installations on site and during installation due to inadequate previously provided installation measures.
Tech Garden will notify the customer no later than ten (10) days after receiving the order that the cleaning or performance cannot be performed, and will also state the reason why the service cannot be performed.
Compensation for damage
Claims for damages due to defects in delivered goods are excluded, if Tech Garden is not responsible for the impossibility of delivery or negligent delivery by the delivery person. Claims for damages for defects or consequential damages resulting from the delivery of defective goods assume that Tech Garden caused the defect in the event of willful and gross negligence.
XII. Retention of ownership rights
We reserve the right to ownership of the delivered items and installation of the delivery until all costs have been paid by the customer. Therefore, the right of ownership of the delivery item also ensures the claim against the customer from the contract, which refers to the delivery item.
The customer can resell the sold product only in the regular course of business, provided that he is not late with payment. Already after the conclusion of the contract between him and us, he assigns the corresponding claims arising from the sale or some other legal reasons against his client with all secondary rights for security reasons entirely to us. In case of enforcement, confiscation or any decisions by a “third party”, the ordering party is obliged to inform the supplier about this with the attachment of all documents (enforcement procedure).
XIII. terms of payment
Unless otherwise agreed, payment is always in advance. For larger orders, the payment terms are: 60% after receiving the order confirmation and 40% before delivery and assembly, that is, when the order is ready for delivery.
In the event of non-payment after the due date of the invoice, we may without prior notice charge interest at the legally prescribed rate to the customer as a penalty.
If the customer is late with payment for more than 10 days or there are proven reasons for suspecting the inability to pay, we are not obliged to make any further deliveries under current contracts
In the event that the customer cancels the already confirmed order for which production has been started, he is not entitled to a refund of the advance funds paid.
XII Delay of the client
If the customer does not pick up the goods at the agreed delivery time or if the assembly time is extended through no fault of ours, we can request compensation for our additional costs.
If Tech Garden has the right to demand compensation for damages due to non-fulfillment of the agreed, then it can, regardless of the possibility of greater actual damage, demand 15% of their price as compensation, if the customer does not prove that the damage did not occur at all or is significantly lower than the flat rate
XIII. The rest
Tech Garden is obliged to deliver the goods only after guaranteeing the financing of the purchase.
These General Terms and Conditions are considered to have been delivered to the client if a link to the official website where they are published (www.techgarden.hr) has been delivered by email, if they have been delivered by email or registered mail