Terms and ConditionsTHESE GENERAL TERMS AND CONDITIONS APPLY FOR THE CONCLUSION OF SALES CONTRACT BETWEEN SELLER AND BUYER FOR BICYCLE NOORDUNG
I. DEFINITION OF TERMS• Seller: Noordung Ltd., Cesta v Gorice 34C, 1000 Ljubljana, Slovenia, VAT number: SI81921837, registration number: 6998801000, IBAN: SI56 0310 0100 3156 252 / SWIFT SKBASI2X, opened at bank SKB d.d. • Buyer: A natural or legal person who concludes a contract with Noordung d.o.o. for the sale of bicycle NOORDUNG. • Product or. subject of purchase: Bicycle NOORDUNG, type/model as stated on the pro-forma invoice issued by the Seller. Any and all photographs of the Product on the web site www.noordung.com are to be regarded as illustrative. Photographs do not guarantee Product properties. • Price, VAT: The price of the Product is stated on the web site www.noordung.com. The price is expressed in nett Euros. Value added tax (VAT) shall be charged if applicable according to valid legislation (subject to changes): - for natural persons with residence in Slovenia or other EU countries VAT is charged;
- for legal persons with registered seat in Slovenia VAT is charged;
- for legal persons with VAT ID number and registered seat within the EU VAT is not charged (companies in EU are subject to the reversed VAT rule);
- for natural or legal persons with residence / registered seat outside EU VAT is not charged (it may be charged at customs, at the cost of Buyer). Price does not include any customs duty, if applicable. • Consumer: The consumer is a natural person who buys a Product for purposes which are not for his/hers professional activity or economic purposes.
II. DEMAND FOR PURCHASE, , CONCLUSION OF CONTRACT, DELIVERY• Demand for purchase The Buyer fills his/hers data on the web site www.noordung.com to order the Product. Before submitting the Demand for the purchase the Buyer fills out a form with personal data or. states the data of a legal person (name, surname, respectively company name, tax identification number, email address, city, country, phone); • Conclusion of the contract and payment of the purchase price: After submitting the Demand for purchase of , the Seller and the Buyer shall agree and sign a sales-purchase contract for the Product. After conclusion of the contract the Buyer will on his e-mail receive pro-forma invoice for the payment of the purchase price. The Buyer must within 7 days pay on the Sellers bank account no. IBAN SI56 0310 0100 3156 252 / SWIFT: SKBASI2X (SKB d.d.) or other bank account if stated in the pro-forma invoice full purchase price (including VAT if applicable) and send proof of payment by e-mail to: firstname.lastname@example.org. Following the receipt of payment, the Seller shall send to the Buyer on his e-mail confirmation of the received payment. The contract shall be deemed to have been concluded under condition that the Seller receives on his bank account full purchase price for the Product within deadline specified in pre-invoice. Shall the Seller not receive full purchase price within pre-invoice dealine, the contract for the sale of the Product shall be automatically terminated the day after the deadline, except in the case if the Seller in written informs the Buyer about prolongation of the payment deadline. The contract is concluded for a fixed period i.e. until the date of delivery of the Product. • Methods of payment: The Seller offers the option of paying the purchase price via bank transfer to the bank account of the Seller: IBAN SI56 0310 0100 3156 252 opened at bank SKB d.d. / SWIFT: SKBASI2X • Delivery of the Product, invoice: The Seller is obliged to deliver the Product. The Product is not in stock, it will be supplied based upon each order. The Seller shall deliver the Product within the time limit as specified on the web page www.noordung.com respectively in period of maximum twelve months from the date of conclusion of the contract. It is considered that the delivery has been on time, if the first attempt of delivery at the Buyers’ address has been carried out in the time period specified within the previous sentence. The Seller shall issue an invoice for the Product when the Product will be finished and ready for delivery. • Method and place of delivery, acceptance of Product: Delivery shall be made to the address indicated by the Buyer when placing Demand for purchase of the Product. The Seller shall deliver the Product to the Buyer by authorized person (applies only to delivery within the EU), or through an international delivery company UPS or other comparable delivery company. Upon acceptance of the Product, Buyer signs the delivery note. • Costs of delivery: Delivery costs shall be borne by the Buyer. The cost of delivery shall be specified in the sales-purchase contract and within pro-forma invoice. • Customs duty: Within import of Product in countries outside the European Union, the Product may be subject to customs procedures and duties. All costs related to customs procedures and duties are paid by Buyer. • Information about the Product: Immediately after placing Demand for purchase of the Product, the Buyer will receive an email with contact information of the Sellers’ managing director in order to have the possibility to directly communicate with him. As of the date of the conclusion of sales contract, the Buyer shall monthly receive an e-mail with information about the activities of ordered Product.
III. WARRANTY, LIABILITY FOR DEFECTS• The technical characteristics of the Product, instructions for use: Technical specifications and instructions for use (user manual) for the Product are enclosed to the Product. • Warranty guarantee: The Seller gives a 10-year warranty period for the frame of the bicycle and a 2-year warranty period for all other parts the bicycle . During the period of warranty the Seller offers free repair of defects, whereby the warranty applies only under normal usage of Product. The warranty guarantee shall enter into force on the date when the Product has been delivered to the Buyer. • Enforcing of warranty: In case of wanted enforcement of warranty the Buyer is obliged to act in accordance with the instructions as set out in the warranty sheet enclosed to the Product. • Responsibility of the Seller for defects: Seller is responsible for defects on the Product. The provisions of the Code of Obligations shall apply for liability for defects; in the event that the Buyer is a natural person (“consumer”), the provisions of the Consumer Protection Act also apply. The consumer may exercise his rights on defects, if he informs the Seller within two months from the date when the defect was discovered. The consumer must precisely describe the defect and enable the Seller to inspect the Product. Defect notice must be made by consumer in writing to the Seller. Seller is not responsible for defects which appear after two years, since the Product was delivered.
IV. BUSINESS SECRET• Professional secrecy: Buyer ensures that all information and documents that he will acquire from the Seller, shall be considered as a business secret and Buyer will not forward such documents and information to any third party or publish it. The Buyer ensures that he will not personally nor via third party make a patent application for the solutions that are used on a bicycle Noordung. The Buyer ensures that he will not personally nor via third party apply for a trademark registration of “Noordung” or other names that are used by Seller, i.e. a company Noordung Ltd.
V. OBLIGATIONS OF BUYER• Obligations of Buyer: (i) The Buyer is obliged to treat the Product in accordance with technical instructions (user manual) and he may not alone, either with a help of a third party, open a multifunctional "Boombox" on the Product; multifunctional "Boombox" on the Product may only be opened by the Seller, otherwise the Seller may refuse to repair the Product under warranty guarantee; (ii) The Buyer guarantees that he will not sell the Product or otherwise dispose it to third party without the written consent of the Seller; in the case of intended sale of the Product the Buyer must inform the Seller and the Seller has the exclusive pre-emptive right for the Product; (iii) The Buyer must treat the Product with caution and not to expose it to extreme situations (temperatures above 40 °C or below 0 °C, exposure to fire or hazardous substances); (iv) The Buyer ensures to provide maximum protection of the Product against theft or misappropriation; (v) The Buyer ensures that the theft of the Product shall be immediately reported to prosecuting authorities and Buyer shall do everything in his power to find of the Product.
VI. THE CONSUMER'S RIGHT TO WITHDRAWAL• The consumer's right of withdrawal: the consumer has the right to withdraw from the contract within 14 days from the date of delivery of the Product, without having to state a reason for his decision. To exercise the right of withdrawal, the consumer has to inform the Seller Noordung d.o.o., Cesta v Gorice 34C, 1000 Ljubljana, Slovenia, email@example.com of his decision with a clear statementt (eg. By a letter sent by post or e-mail). Statement relating to the enforcement of the consumer's right of withdrawal must be sent before the end of the withdrawal period. Purchased Product must be returned to the address of the Seller no later than 14 days from the date when the consumer informed the Seller about his withdrawal from the sales contract. Product must be returned unused, undamaged, in original packaging with all accompanying documentation. If the consumer withdraws from the sales contract, the shall Seller no later than 14 days from the date of receipt of statement of withdrawal from the contract and provided that the Buyer has returned the Product to the address of the Seller, reimburse to the Buyer all payments, except the costs of returning the Product to the Seller, which shall be borne by the Buyer. Seller shall reimburse payments by transfer of money to the bank account of the Buyer.
VII. PERSONAL DATA PROTECTION• Personal data protection: The Seller shall for the services provided, collect, manage, process and store the following information about Buyer: - name and surname,
- address and shipping address,
- e-mail address,
- contact telephone number,
- country of residence,
- TAX no. By placing Demand for purchase on www.noordung.com and by accepting of these general terms and conditions it is considered that Buyer gives explicit personal consent to the Seller for use and process of Buyers’ personal data. Based on Buyers personal consent the Seller may process personal data for the purposes mentioned above.
VIII. LEGISLATION, DISPUTE RESOLVING• Legislation: These general terms and conditions and the sales contract for the Product have been prepared in accordance with the legislation of the Republic of Slovenia. • Complaint procedure: The Seller has a system for dealing with complaints. The Buyer may send his complaint by e-mail on: firstname.lastname@example.org. The Seller shall contact the Buyer regarding the compliant within 5 working days and submit him the reply to the complaint. • Dispute resolution: The Seller will try to settle any dispute with Buyer in an amicable manner. If an amicable settlement is not reached, all disputes between Buyer and Seller shall be settled by competent court in Ljubljana, Slovenia. • Settlement of consumer disputes: The Seller does not recognize any contractor as competent for out-of-court dispute settlement regarding consumer disputes, which the consumer may trigger in accordance with the Out-of-Court Resolution of Consumer Disputes Act. The Seller therefore publishes an electronic link to the platform for online dispute resolution for consumer disputes (SRPS). The platform is available to consumers at the following web address.
Latest update: 19 February 2019