Terms and Conditions

TERMS AND CONDITIONS

ROBOMATIS D.O.O.

  1. Introductory Provisions.
    1. These Terms and Conditions establish a contractual agreement between you (the “Customer“) and Robomatis d.o.o. (the “Provider“). Prior to making a purchase of any product(s) and/or requesting any of the Provider’s services, you are kindly requested to review these Terms and Conditions, including all their integral parts (collectively referred to as the “Agreement” or “Terms”). By purchasing any product and/or requesting any service from the Provider, you confirm that you have read, comprehended, and FULLY accept the terms of this Agreement. Should you not agree to these terms, you will not be able to purchase products and/or request services from the Provider.
    2. Company Contact Details:

ROBOMATIS d.o.o.,
Presernova cesta 8,
3320 Velenje,
Company Registration Number: 8841071000,
Tax Number: SI 89410289,
Email: [email protected].

 

 

  1. Definitions of Terms for the Purposes of this Agreement.
    1. The term Provider refers to the company Robomatis d.o.o., which operates the following websites:

https://batterystrapping.com/, https://bandmaskiner.se/, https://bandownica24.pl/, https://cember-makineleri.com.tr/, https://cercleuse.fr/, https://cercleuses.be/, https://cercleuses.ch/, https://cercleuses.lu/, https://iepakosanas-iekartas.lv/, https://makinat-taghlif.com/, https://maquinas-de-cintar.pt/, https://maquinas-flejadoras.es/, https://masine-za-pakovanje.rs/, https://masini-de-legat.ro/, https://masini-za-pakuvanje.mk/, https://omsnoering.nl/, https://omsnoeringsapparaat.be/, https://opakovane.bg/, https://packaging-machines-usa.com/, https://packing-machines.co.uk/, https://pakavimo-irenginiai.lt/, https://pakirni-stroji.si/, https://pakkemasinad.ee/, https://pakkemaskiner.dk/, https://pantolas.hu/, https://paskovaci-stroj.cz/, https://paskovaciestroje.sk/, https://pokkunarvelar.is/, https://reggiatrice.it/, https://streping-mashyny.com.ua/, https://strojevi-za-pakiranje.hr/, https://stroppemaskiner.com/, https://tserkomixanes.gr/, https://umreifungsgeraete.ch/, https://umreifungsgerate.at/, https://umreifungshop.de/, https://vannekoneet.fi/

including all their subpages and any available language versions (hereinafter collectively referred to as the “Website” or “Robomatis Website”), as well as all other commercial activities of Robomatis d.o.o.

  1. The term Customer, also referred to as “you” or “your,” denotes any natural or legal person who has purchased a product or requested a service from the Provider.
  2. A Consumer is defined as a Customer who is a natural person and is afforded specific rights under the relevant consumer protection laws.

 

 

  1. Scope and Applicability of the Terms and Conditions.
    1. Purchasing and placing orders via the Website is strictly reserved for business customers (corporate entities and sole traders) and is not available to private consumers. These Terms apply to purchases made by business entities, except where specific provisions address Consumers.
    2. Should a Consumer wish to make a purchase or submit an order, they are required to contact the Provider directly. Consumers may send their enquiries using the dedicated forms provided on the Website for this purpose. The Provider will subsequently issue a quotation to the Consumer, ensuring it contains all elements mandated by the relevant consumer protection laws. In all other respects, these Terms shall likewise apply to purchases by Consumers.
    3. These Terms shall constitute an integral part of every agreement entered into with Robomatis d.o.o. (including agreements concluded via alternative channels), unless expressly excluded or unless the parties have expressly agreed upon a different set of rights and obligations. Any arrangement to exclude or alter the rights and obligations must be made in writing and signed or expressly acknowledged by all parties involved; failing this, such arrangement shall be void and these Terms shall remain in effect.
    4. In the case of transactions with business entities that have their own terms and conditions, these Terms of Robomatis d.o.o. shall apply.

 

 

  1. Purchase Procedure.
    1. The Buyer may place an order either via the Provider’s Website or by submitting an enquiry through the Provider’s contact channels.
    2. The process for purchasing through the Provider’s contact channels is carried out in accordance with the agreement reached with the Provider.
    3. The procedure for purchasing products through the Provider’s Website consists of the following steps: 1. Logging into the online shop using the user account’s email address and password; 2. Selecting the required product; 3. Indicating the quantity desired; 4. Placing the chosen products into the shopping basket; 5. Reviewing the basket’s contents; 6. Checking the price of the selected product in the specified quantity, exclusive of calculated VAT; 7. Choosing the preferred delivery and payment method; 8. Reviewing the order with the selected delivery method and any applicable delivery charges; 9. Confirming and submitting the order, thereby finalising the purchase.
    4. Order Acceptance. Once the order has been submitted, the Provider will inform the Buyer by email that the order has been received. The Buyer has a period of four (4) hours from receipt of this notification to cancel the order without penalty. Apart from the cancellation option described in the previous sentence, the Buyer is not able to alter the order contents after submission. Full details regarding the status and contents of each order are always accessible to the Buyer within their profile on the Provider’s Website.
    5. Order Confirmation. Upon confirmation of the order, the order is submitted and no further changes can be made, except as set out in the previous paragraph. Confirmation of the order signifies acceptance of the Terms and is effected by clicking the final button in the purchase process. The Buyer will receive confirmation of the submitted order at the email address provided during the ordering process. With the confirmation of the online order and this contract, a binding agreement is formed between the Buyer and the Provider. Confirmation of the order also includes confirmation of an offer sent by the Provider via email. After the order is submitted, the Provider will check stock and availability and, should it be unable to deliver the ordered products, will reject the Buyer’s order and refund the purchase price without interest. The Buyer is not entitled to claim compensation on this basis.
    6. Dispatch of Goods. The Provider will prepare and dispatch the ordered products within the agreed period and will notify the Buyer of this by email. In the aforementioned email, the Provider will also provide information regarding the returns policy and supply contact details for complaints or in the event of delivery delays.
    7. Product Information. All product details provided on the Website are for information purposes only. The Provider endeavours to ensure that the information on its Websites is accurate and comprehensive. Nevertheless, the Provider reserves the right to errors in data relating to price, product details, and/or stock of individual products.
    8. Stock and Availability. The Provider determines the product range available on its Websites and seeks to maintain adequate stock and availability. However, the Provider does not guarantee the availability of products listed. Delivery times and availability for individual products are indicated on the Provider’s Websites. The displayed stock levels and/or delivery times on the Provider’s Websites are for guidance only and may differ from the Provider’s actual stock and/or delivery times. If a product is purchased that is marked as “in stock” on the Provider’s Website but is not actually available, the Provider will inform the Buyer in writing and/or verbally within ten (10) working days regarding the lack of stock and the anticipated delivery time. Should the delivery time exceed fifteen (15) working days, the Provider will permit the Buyer to withdraw from the contract and will refund the purchase price without interest.
    9. Shopping Basket Function. The shopping basket function on the Provider’s Websites is designed to provide greater clarity regarding the Buyer’s order and does not constitute a reservation of products. Products are deducted from stock only upon processing of the completed order (finalised purchase).
    10. Payment Methods. The following payment options are available on the Provider’s Websites:
  • Payment may be made by bank transfer upon receipt of a proforma invoice,
  • Payment via the payment service provider PayPal,
  • Card payment processed through the payment service provider Stripe.

The Provider retains the right to amend the available payment options and does not guarantee that all payment methods will be available or operate without interruption at all times.

  1. Non-Payment by the Buyer. The Provider reserves the right to withhold dispatch of ordered goods until payment has been received in full in the Provider’s bank account or satisfactory proof of payment is supplied. Should the Buyer fail to settle the outstanding amount for a specific order within fifteen (15) days from the date of the legal transaction or by the agreed deadline as stated in the accepted offer, the Provider reserves the right to: 1. Apply default interest at a rate of 24% per annum and charge storage fees from the date the payment became due; 2. Pursue all legal avenues and debt recovery actions to obtain the full outstanding amount, including any debt collection charges, reminders, default interest, storage fees, and any other costs arising from the Buyer’s failure to pay.
  2. Invoice and Contract. The Provider will issue an invoice on a durable medium to the customer purchasing a product from the online shop, detailing all costs. The contract is concluded electronically and stored in electronic format on the Robomatis d.o.o. server, where it will be available to the Buyer upon request for five (5) years following the end of the contractual relationship. The sales contract is concluded in the Slovenian language.
  3. Purchase Without Registration. The Buyer may choose to complete a purchase as a guest or to register a user account with the Provider.
  4. User Account and Personal Data Protection. If the Buyer opts to register a user account, the Provider will need to process certain personal data in order to provide the account. Further details regarding the processing of personal data can be found in the Provider’s Privacy Policy. To deliver the most relevant content, and with your consent, we create a profile that forms the basis for personalised communications. The Provider undertakes automated decision-making and profiling. Should you prefer not to have your personal data used for automated decision-making and profiling, you may withdraw your consent for such processing. Upon withdrawal, we will discontinue processing your personal data for this purpose. It is important to note that this automated decision-making does not have legal effects for the individual, nor does it significantly affect the individual. It is limited to product recommendations and tailored newsletters based on previous purchases. By creating an account, you consent to profiling. If you wish to opt out of further profiling, please contact us with your request by email at: [email protected].
  5. User Account Management. Upon registration, the Buyer is required to set a password for access to the user account. The Buyer agrees to keep the password secure and to prevent its disclosure or access by third parties. The user account is intended solely for use by the individual who created it. The Buyer undertakes not to share access to their user account with others or permit others to use their account. The Provider reserves the right to regard all actions carried out via the Buyer’s user account as actions of the Buyer. The Buyer may use the user account only for its intended purpose and must not exceed this use. The creation of multiple user accounts by the same Buyer is not permitted. The Provider reserves the right to delete such accounts immediately. Where necessary to protect its rights, the Provider reserves the right to take any action required to safeguard its interests.
  6. Registered users may cease using the online shop at any time and cancel their registration. This can be done by notifying the Provider in writing of their intention to cancel registration. Prior to submitting the cancellation notice, the user must settle any outstanding obligations to the Provider arising from purchases made in the online shop. The Provider will continue to protect the confidentiality of personal data and the privacy of online shop users even after registration has been cancelled.

 

 

  1. Delivery
    1. The Buyer may select from the following options for delivery or collection of products:
  • Delivery to the specified address is carried out by the provider DPD (applicable solely for deliveries within the EU) in accordance with the Incoterms DAP clause (refer to section 5.3.),
  • Alternative carriers may be used for heavier consignments (again, only for deliveries within the EU), generally in line with the Incoterms DAP clause (see section 5.3.), or
  • Collection in person from the Provider’s premises (available to all Buyers) in accordance with the Incoterms EXW clause (see section 5.4.).
  1. The parties may expressly agree to a different delivery arrangement. Any such arrangement must be set out in writing and signed or at least confirmed by both parties.
  2. Delivery under the DAP arrangement:
  • The DAP arrangement is applicable exclusively to deliveries within the EU;
  • If DPD is the carrier, delivery is performed in accordance with their terms and conditions: https://www.dpd.com/si/en/support/terms-of-transport/;
  • If another carrier is used, these Terms shall apply unless the Provider expressly informs the Buyer of alternative delivery terms and conditions;
  • Delivery terms: Unless otherwise agreed, goods are supplied under DAP (Delivered at Place) terms as per Incoterms 2020;
  • The Provider’s delivery obligation is fulfilled when the goods reach the agreed location and are made available for the Buyer to unload (the unloading of goods is not the responsibility of the Seller or the carrier);
  • The delivery address stated in the order is deemed the place of delivery, unless otherwise expressly agreed in writing;
  • Transfer of risk and costs: The Provider assumes all costs and risks up to the point at which the goods are delivered to the agreed place, but not unloaded (therefore, any damage occurring during unloading is not covered);
  • The Buyer assumes responsibility for the goods from the moment they are duly delivered to the agreed location;
  • The Buyer must examine the goods prior to signing the delivery note and must immediately notify the Provider of any visible defects, discrepancies in quantity, or damage to packaging;
  • By signing the delivery note, the Buyer acknowledges receipt of the goods without visible defects, and any subsequent claims regarding such defects will not be accepted;
  • Formalities and permits: The Provider is responsible for export customs clearance and related formalities in the country of dispatch;
  • The Buyer is responsible for import customs clearance, payment of duties, and any other taxes in the country of import;
  • Receipt of goods: The Buyer is required to accept the goods at the agreed place and time;
  • If the Buyer fails to accept the goods on time, they are liable for all additional costs arising from storage or other consequences of the delay. Upon the Buyer’s delay in accepting the goods, the risk of accidental loss and/or damage to the products passes to the Buyer as though they had accepted them properly.
  1. Delivery of products under the EXW arrangement:
  • The EXW arrangement applies to purchases where the delivery address is outside the EU, but may also be used for collection within the EU if both parties expressly agree;
  • Delivery terms: Unless otherwise agreed, goods are supplied under EXW (Ex Works) terms in accordance with Incoterms 2020;
  • The Provider’s delivery obligation is fulfilled when the goods are made available to the Buyer at its premises or another agreed location;
  • Transfer of risk and costs: All costs and risks associated with loading, transport, insurance, and import/export formalities are borne by the Buyer. The risk passes at the point of acceptance by the Buyer or at the time of the Buyer’s delay, whichever occurs first;
  • The Provider is not responsible for transport or insurance of the goods unless otherwise agreed in writing by both parties;
  • Receipt of goods: The Buyer is required to collect the goods within the period specified in the order confirmation or as agreed in writing with the Provider;
  • If the Buyer does not collect the goods on time, they are liable for all additional costs relating to storage or other consequences of the delay. Upon the Buyer’s delay in collecting the goods, the risk of accidental loss and/or damage to the products passes to the Buyer as though they had accepted them properly;
  • The Buyer must inspect the goods prior to signing the delivery note and must immediately inform the Provider of any visible defects, discrepancies in quantity, or packaging damage;
  • By signing the delivery note, the Buyer acknowledges receipt of the goods without visible defects, and any subsequent claims regarding such defects will not be accepted;
  • Customs and tax obligations: The Buyer is responsible for arranging all export, transit, and import formalities and for paying all duties, taxes, and associated costs.
  1. The Provider undertakes to endeavour to deliver the products within the agreed delivery period, but does not guarantee delivery within a specific timeframe. Any delivery time stated in the order or during the purchase process is not binding on the Provider and is provided solely as indicative information for the Buyer. Delivery times shown on the website next to the product are only approximate estimates of the delivery service’s timeframe. Delivery times are not binding and, under no circumstances, form an essential part of the contract.
  2. If delivery is delayed by more than ninety (90) days beyond the latest agreed delivery date, the Buyer is entitled to withdraw from the contract, and the Provider will reimburse the full purchase price without interest.
  3. The Provider has no control over factors such as international transport, customs, or other circumstances that may affect product delivery. Customs and tax charges are the responsibility of the Buyer.
  4. Delivery charges are specified to the Buyer during the purchase process. By confirming the order, the Buyer also confirms acceptance of the delivery charges.
  5. If the Buyer uses a carrier or delivery service not arranged by the Provider, the risk of loss and damage passes to the Buyer at the moment the products are handed over to that carrier or delivery service.
  6. Non-Acceptance of Products. The Buyer guarantees that they will accept the ordered products. Should the Buyer fail to accept the products and the consignment is returned to the Provider, the Provider reserves the right to retain the purchase price and to charge the Buyer for storage and any other costs incurred as a result of the non-acceptance of the ordered products. The right to charge the aforementioned costs does not affect the Provider’s right to claim further compensation.
  7. In the event of non-acceptance of products, the risk of loss and damage passes to the Buyer at the moment of failed receipt.

 

 

  1. Prices
    1. All prices displayed in the online shop are given in euros and exclude VAT, unless expressly indicated otherwise. The prices shown in the online shop refer solely to the products themselves and do not cover delivery charges. These prices are valid exclusively for electronic orders placed via the online shop and are intended for business customers.
    2. The sales agreement between the Provider and the Buyer is established at the point when the Provider confirms the order. From this moment, all prices and other terms are fixed and binding for both the Provider and the Buyer.
    3. Prices do not include any customs duties or additional taxes that may be applicable to international shipments.
    4. The Provider reserves the right to require payment for the goods from the Buyer prior to dispatch.
    5. The Provider may alter the prices on its Websites at any time. The price applicable to the Buyer is the one in force at the moment the sales agreement is concluded, that is, at the time the order is submitted via the Provider’s Websites or upon finalisation of an agreement if the purchase or order is made through the Provider’s communication channels.
    6. In exceptional circumstances, the price may be amended if unforeseen events beyond the Provider’s control result in an increase of 10% or more in the purchase price of products from manufacturers, or a comparable rise in the cost of raw materials required to fulfil the purchase or order. In such cases, the Provider reserves the right to: 1. Adjust the order price, subject to the Buyer’s confirmation; 2. Unilaterally withdraw from the contract and refund the full purchase price without interest. The Buyer is not entitled to compensation on these grounds.

 

 

  1. Promotions and Other Benefits.
    1. The Provider, as part of its business activities, may offer various promotional benefits, discounts, and other initiatives (“Promotions”). The Provider organises such Promotions at its own discretion and may apply specific terms to certain Promotions. The Buyer is required to review the terms of each Promotion carefully, which the Provider will publish separately for every Promotion.
    2. The Provider may also arrange Promotions as incentives for particular actions (such as subscribing to newsletters, making a purchase, and so forth).
    3. A Promotion may apply to the Provider’s entire range or only to selected products.
    4. The Provider reserves the right to restrict the duration of any given Promotion or to limit the number of items included in the Promotion.
    5. The Provider may run several Promotions at the same time. Promotions cannot be combined and may not be used together. Promotional benefits are not redeemable in any other form, nor can they be exchanged for cash.

 

 

  1. Commercial Warranty.
    1. The process for making a warranty claim shall be conducted in line with the complaints procedure outlined in section 11 of these Terms.
    2. Items covered by a warranty are specified either on the invoice or on the warranty certificate.
    3. The warranty remains valid provided that the instructions and conditions detailed on the warranty certificate are observed, and it is effective for a period of one (1) year.
    4. The Buyer may exercise the warranty either with the Provider or directly with the manufacturer of the product.
    5. When reporting a defect, the Buyer may initially request that the defect be repaired. Should the defect not be resolved within one hundred (100) days from the date the Provider or manufacturer receives both the request and the product under warranty, the manufacturer is obliged to supply the Buyer with replacement goods that are new and free from defects, at no extra charge. This timeframe may be extended by up to an additional one hundred (100) days, depending on the complexity of the goods, the type and seriousness of the non-conformity, and the effort required to complete the repair. If the Provider or manufacturer fails to remedy the defect within the stipulated period, the Buyer is entitled to request either a full refund or a proportionate reduction of the purchase price. The warranty is applicable solely to new products and spare parts, provided these have been installed by Robomatis d.o.o. or an authorised technician.
    6. The Buyer is responsible for organising and paying for the delivery of the product subject to the warranty claim.
    7. The product may only be sent for inspection following a request from the Provider or manufacturer.
    8. THE PROVIDER AND MANUFACTURER DO NOT ACCEPT SHIPMENTS WITH CASH ON DELIVERY.
    9. The Buyer is also responsible for arranging and covering the costs of returning the product after repairs have been completed.
    10. The Provider or manufacturer may, at their discretion, decide to inspect and repair the product at the Buyer’s premises, but are not obliged to do so. In such instances, travel expenses for the Provider’s or manufacturer’s technicians may be invoiced.
    11. The warranty does not apply if, in the opinion of an authorised technician, the defect has arisen due to improper or incorrect use, misuse, external factors (such as impacts, vibration, chemical exposure, moisture, dust, extreme temperatures, harmful radiation, incorrect electrical installation, lightning, etc.), or as a result of repairs or replacements not carried out by an authorised seller or service technician, or if the defect is due to normal wear and tear (including wear of blades, wheels, buttons, gears, drives, paint flaking or chipping, oxidation on screws, diminished battery capacity, and similar). Consumable items and (rechargeable) batteries are likewise excluded from the warranty. The warranty is also void if the Buyer fails to meet their obligations.
    12. The Buyer shall bear the costs of inspection and any repairs if, during the assessment by an authorised technician, it is established that the Buyer’s warranty claim concerns a defect not covered by the warranty, the warranty period has expired, or the product is found to be in working order.
    13. In the event of an unwarranted warranty claim, one (1) hour of service and one (1) hour of administration will be charged, both in accordance with the current price list.

 

 

  1. Returns and Product Complaints.
    1. The Provider stipulates that returns and complaints must be initiated by following the complaint submission procedure as outlined in section 11 of these terms and conditions.
    2. Products cannot be returned to the Provider without prior authorisation granted through the complaint procedure.
    3. All expenses incurred in returning products, including any additional charges such as customs duties or other fees arising during transport, shall be borne by the Buyer. The Provider does not accept parcels sent with cash on delivery.
    4. When returning products, it is essential to provide the original invoice. Complaints cannot be processed in the absence of the invoice.
    5. Should the returned product not be in its original packaging, the Buyer shall receive a refund of no more than 70 % of the product’s price.
    6. Restocking fee. For returns of products that are not defective, the Provider applies a restocking fee of 20 % of the product price, with a minimum charge of EUR 99.00. This fee covers the inspection, functional testing, and preparation of the returned machine for resale. No restocking fee will be applied if the product is returned due to defect, damage in transit, or non-conformity with the order. This clause does not affect the statutory rights of Consumers as described in the section on additional consumer protection.
    7. Return period for Buyers who are not Consumers. Buyers who are not Consumers may only return non-defective products within three (3) days of delivery, subject to prior approval via the complaint procedure; after this period, the Provider is under no obligation to accept returns. The statutory fourteen (14) day right of withdrawal for Consumers remains unaffected by this clause.
    8. The Buyer must send products subject to complaint to the following address, ensuring all relevant annotations are included:
  • Robomatis – Intereuropa,
    Otiški Vrh 25a,
    2373 Šentjanž pri Dravogradu
    (Return of an online order)
  • alternatively, the Buyer may deliver it in person to one of the Provider’s designated collection points.

For any refund of the purchase amount, the Provider shall utilise the same payment method originally used by the Buyer, unless an alternative arrangement is expressly agreed between the Provider and the Buyer. The Provider retains the right to withhold reimbursement of the purchase price until the products subject to the complaint have been received or until satisfactory evidence is provided confirming that the goods in question have been dispatched. In the event of an unjustified request for financial reimbursement, we reserve the right to suspend the user account and to invoice the costs incurred in the process.

  1. Withdrawal from the contract is not permitted for:
  • goods or services whose price is subject to fluctuations in the market beyond the company’s control and which may occur during the withdrawal period;
  • goods produced according to the consumer’s specific instructions and customised to their individual requirements;
  • goods which, by their nature, cannot be returned, are perishable, or have a limited shelf life;
  • services that have been completed, provided the company has fully performed the contract and the service commenced with the consumer’s explicit prior consent and acknowledgement that they would lose the right to withdraw from the contract once the company has fully performed it;
  • sealed special products where the consumer has broken the security seal after delivery;
  • sealed goods that are unsuitable for return for health or hygiene reasons, if the consumer has broken the seal after delivery or if the packaging has been opened or damaged;
  • goods which, by their nature, are inseparably mixed with other items;
  • digital content not supplied on a physical data carrier, if the service commenced with the consumer’s explicit prior consent and agreement;
  • goods that have been specifically ordered for the Buyer.
  1. Should the Provider opt to replace and/or repair the products, these will be delivered to the Buyer in the agreed manner, in accordance with the delivery terms set out in this contract. The Provider shall bear the delivery costs for such products.
  2. Products that are damaged due to inadequate packaging upon return will be sent back to the Buyer without repair and/or replacement. The Buyer shall be responsible for the shipping costs associated with returning such damaged products.
  3. Rejection of the Claim. If the Provider determines that the defect does not fall within the Provider’s warranty, the Buyer will be informed and offered the possibility of repair or replacement of the products at a charge. Should the Buyer decline this option, the Provider will return the products to the Buyer at the Buyer’s expense.

 

 

  1. Limitation of liability.
    1. The Provider’s Websites are presented on an “as is” basis. The Provider does not warrant the functionality of the Websites and shall not be held responsible for any loss or damage the Buyer may incur through use of the Provider’s Websites. The Provider accepts no liability for any loss or damage suffered by the Buyer as a result of unauthorised access to their user account. While the Provider endeavours to maintain the security of its Websites, it does not guarantee their performance nor the security of the Buyer’s user account. The Provider does not assure uninterrupted access and reserves the right to suspend or permanently withdraw access to its Websites at any time without prior notice.
    2. The Provider does not warrant to the Buyer that the products are appropriate for any particular purpose intended by the Buyer. The Buyer is required to independently confirm whether the Provider’s products are suitable for their intended use and/or method of application. The Provider accepts no responsibility for any loss or damage resulting from improper and/or incorrect use, the unsuitability of products for the Buyer’s objectives beyond normal usage, or any other loss or damage arising from or connected to the use of the Provider’s products. The Buyer must check the suitability of the product prior to use and ensure it is used in accordance with the intended purpose of each individual product.
    3. The Provider shall not be liable for any loss or damage associated with the products, including but not limited to: pure financial loss, loss of business, loss of profits, damage, loss arising from manufacturer’s liability, or any other type of loss or damage.
    4. The Provider accepts no liability for any loss or damage suffered by the Buyer as a result of interference with the product itself. Any Buyer who tampers with a product and modifies the product or its operation in any way assumes full responsibility for all consequences resulting from such interference.
    5. The Buyer is required to check the details on the invoice and inform the Provider of any discrepancies no later than eight (8) days from receipt.
    6. The Buyer is solely responsible for the accuracy of all information they submit and provide to the Provider, including but not limited to the declaration of country of origin, personal and delivery details, and any tax, delivery, customs, or other consequences arising therefrom.
    7. In the event of any liability arising under mandatory law, in all cases, the total amount of damages is limited to the value of the order.
    8. The Provider and Buyers who are business entities mutually agree to exclude all liability for material defects, except where the defect was known to the Provider and deliberately concealed from the Buyer.

 

  1. Complaint Procedure.
    1. The Buyer may, within the time limits for reporting particular irregularities or exercising their rights, submit their complaint to the following email address: [email protected]. It is essential that the Buyer includes the order or invoice number, a comprehensive description of the irregularity, and attaches relevant supporting evidence to assist and expedite the resolution process. The Buyer must also provide a copy of the invoice with the complaint to confirm that the purchase was made from the Provider. The complaint handling process is confidential.
    2. Response to the Complaint. The Provider will reply to the complaint within eight (8) days of receipt.

 

  1. Additional Protection for Consumers.
    1. Right of Withdrawal from the Contract. The Consumer is entitled to withdraw from this Contract in accordance with the Consumer Protection Act (Official Gazette of the Republic of Slovenia, No. 130/22, as amended, “ZVPot-1”), under the terms outlined in this section. The Consumer may withdraw from the contract without providing any justification within fourteen (14) days from the date of receipt of the product. There is no obligation for the Consumer to give a reason for withdrawal. This right of withdrawal applies to purchases made by the Consumer at a distance (outside the Provider’s business premises).
    2. The Consumer may inform the Provider of their intention to withdraw from the contract within the specified period by sending an email to: [email protected].
    3. Once the withdrawal notice has been submitted, the Consumer must return the products within fourteen (14) days of submitting the withdrawal notice. The Provider will reimburse the purchase price to the Consumer within fourteen (14) days of receiving the returned products subject to withdrawal.
    4. The Consumer is responsible for the shipping costs of returning the products subject to withdrawal. These expenses will not be refunded by the Provider.
    5. If the products returned by the Consumer are damaged or show signs of wear beyond what is necessary to determine the nature, characteristics, and functioning of the product, the value of the products will be reduced accordingly. The Consumer is liable for any reduction in value, which will be assessed by the Provider and communicated to the Consumer.
    6. To exercise the right of withdrawal from the contract, the following form must be completed: form.
    7. Out-of-Court Settlement of Consumer Disputes. The Provider does not recognise any provider of out-of-court settlement of consumer disputes as competent to resolve a consumer dispute that the Consumer may initiate in accordance with the Out-of-Court Resolution of Consumer Disputes Act. The Provider publishes an electronic link to the online consumer dispute resolution platform in accordance with applicable legislation. The platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL.
    8. Guarantee for Conformity Claims for Consumers. The Consumer is entitled to make a guarantee claim based on the conformity of goods. The Consumer may exercise this guarantee by notifying the Provider of any non-conformity within two (2) months from the date the non-conformity was discovered. The Consumer must specify the non-conformity in detail and permit the Provider to inspect the product. The Consumer cannot demand rectification of non-conformities that appear on the product more than two (2) years after the products were received by the Consumer.
    9. Order of Guarantee Claims. The Consumer is entitled to require the Provider, (initially) 1. to restore the conformity of the goods (either by repair or replacement) or, if this is not feasible, (subsequently) 2. to provide a proportionate reduction in the purchase price or to withdraw from the contract with a refund of the purchase price. The order of guarantee claims is mandatory. The Provider will not accept claims that do not follow this prescribed order.
    10. Upon receipt of a claim to restore the conformity of the goods, the Provider will restore conformity within a maximum of thirty (30) days, aiming to cause the least possible inconvenience to the Consumer. The Provider may extend this period by up to fifteen (15) days, with appropriate notification to the Consumer.
    11. To restore conformity, the Consumer may choose between repair or replacement of the goods, unless fulfilling the selected claim is impossible or would impose disproportionate costs and effort on the Provider.
    12. The Provider reserves the right to refuse a guarantee claim for repair and/or replacement if fulfilling the selected claim is impossible or would involve disproportionate costs and effort for the Provider. In such circumstances, the Consumer may pursue a guarantee claim for withdrawal from the contract or a reduction in the purchase price.
    13. The Consumer may make a guarantee claim for a reduction in the purchase price in the following cases:
  • the Provider has neither repaired nor replaced the goods, or, where applicable, has failed to complete the repair or replacement in accordance with this law, or has refused the Consumer’s guarantee claim to restore conformity because fulfilling the selected claim is impossible or would entail disproportionate cost and effort;
  • the non-conformity remains despite the Provider’s attempt to restore conformity;
  • the nature of the non-conformity is sufficiently serious to warrant an immediate proportionate reduction in the purchase price or withdrawal from the contract; or
  • the Provider has stated, or it is clear from the circumstances, that the Provider will not restore the conformity of the goods within a reasonable time frame or without causing significant inconvenience to the Consumer.
  1. The Consumer is entitled to withdraw from the contract immediately if the non-conformity arises within thirty (30) days of receipt of the product.
  2. When the Consumer withdraws from the contract or requests a proportionate reduction in the purchase price, the Provider must issue a refund within eight (8) days of receiving the returned goods, confirmation that the goods have been dispatched, or the request for a reduction in the purchase price.
  3. All prices displayed on the Provider’s Websites are exclusive of VAT, as the Website is not intended for Consumers. Consumers may purchase from the Provider via the enquiry form, in which case the Provider will prepare an offer for the Consumer that includes prices with VAT and all other legally required elements in accordance with consumer legislation.

 

  1. Child Protection.
    1. The Provider does not accept orders in the online shop from anyone known or suspected to be a child without the explicit consent of their parents or guardians. The Provider does not offer free access to products or services in the online shop that could be harmful to children. Without the explicit consent of parents or guardians, the Provider will not accept any personal data relating to children, nor will it disclose information received from children to third parties, except to parents or guardians. Any communication directed at children will be appropriate for their age and will not take advantage of children’s trust, lack of experience, or sense of loyalty.

 

  1. Intellectual Property Protection.
    1. Content of the Provider’s Websites. The Provider manages a range of content on its Websites, all of which is owned by the Provider. Data, images, written materials, and any other materials (such as video content, graphics, sketches, etc.) found on the Provider’s Websites and/or created by the Provider and supplied to the Buyer are protected works under copyright and/or intellectual property law. By using the Provider’s Websites, the Buyer does not acquire any copyright, ownership, or intellectual property rights. The Buyer is not permitted to use materials found on the Provider’s Websites unless they have obtained the Provider’s explicit prior consent for such use.
    2. Use of Distinctive Marks. The Provider employs various distinctive marks in its business activities, including the word ROBOMATIS in all its forms and variations. Any logo (in all its forms) used by the Provider in its business operations and in the external presentation of its products is expressly considered a distinctive mark. The use of the Provider’s distinctive marks is restricted and governed by the rules set out in this section.
    3. Sanctions for Violations of the Use of Distinctive Marks. The Provider reserves the right to pursue all legal remedies, including claims for damages, against any Buyer who uses the Provider’s distinctive marks beyond the permitted scope in order to secure cessation of the infringement. The Provider reserves the right to demand a fixed compensation of 50,000.00 EUR for each infringement, regardless of the actual damage suffered. Should it be established that the damage exceeds the specified fixed compensation, the Provider is entitled to claim the difference up to the full amount of the damage.

 

  1. Advertising
    1. The Buyer confirms their agreement to the Provider’s use of the Buyer’s distinctive marks, name and surname or company name, and any statement provided regarding their experience of working with the Provider on its promotional channels (Provider’s Websites, social media channels, and others) for the purpose of promoting its products and services.

 

  1. Environmental Responsibility
    1. Where the Provider is required to comply with the Regulation on Waste Electrical and Electronic Equipment (Official Gazette of the Republic of Slovenia, No. 55/15, as amended, hereinafter referred to as the “Waste Electrical Equipment Regulation”), the Provider shall ensure that its products are directed to separate waste collection and recycling prior to being disposed of as unsorted waste.

 

  1. Personal Data Protection.
    1. The Provider commits to making every effort to comply with all applicable regulations concerning personal data protection. Accordingly, the Provider has prepared a Privacy Policy, which specifies the data collected, the purposes for which it is collected, the duration of storage, the manner and reasons for processing, and the Buyer’s rights in relation to such data.

 

  1. Final Provisions.
    1. Full Legal Capacity. The Buyer warrants that they possess full legal capacity to lawfully enter into a contract with the Provider. If the Buyer is a legal entity, they confirm that they have the authority to represent the legal entity in concluding a valid contract or have received the necessary authorisation from the legal entity’s representative to enter into a valid contract. Should the purchase be made by a person with limited legal capacity, they guarantee that the contract is one for which they have legal capacity or that the contract was concluded with the appropriate consent of their guardian or representative.
    2. Familiarity with the Terms. The Buyer confirms that they have read these Terms prior to acceptance, are thoroughly acquainted with them, understand them, and agree to them, particularly with regard to the specified limitations of liability and their rights concerning withdrawal from the contract.
    3. Severability of Provisions and Nullity. Should any provision of this Agreement be declared void, all remaining provisions of this Agreement shall remain in full force and effect.
    4. Applicable Law. The law of the Republic of Slovenia shall govern the interpretation, validity, and all other matters, as well as any disputes arising from all Agreements to which these Terms apply.
    5. Competent Court. For any disputes arising from Agreements to which these Terms apply, the competent court in Ljubljana, Republic of Slovenia, shall have exclusive jurisdiction, unless mandatory regulations stipulate otherwise or a decision by the chosen court would prevent the recognition and/or enforcement of the judgement. In the case of Consumer court disputes, the competent court is also the court of the Consumer’s place of residence.
    6. Changes to the Terms. The Buyer does not have the right to alter or waive, in whole or in part, the validity of any provision of this Agreement. The Provider reserves the right to amend the Terms at any time. Any amendment will be published on the Provider’s Websites. Each amendment takes effect from the date of publication unless otherwise specified in the Terms themselves. The Terms in force at the time of purchase shall apply to each purchase. The Provider is not obliged to retain invalid versions of the Terms and therefore recommends that the Buyer save the Terms and conditions in force at the time of ordering to a local device or ensure a printed copy.
    7. Language Versions. These Terms are drafted in the Slovenian language. The Provider may offer translations of these Terms to improve the efficiency of its Websites; however, the Slovenian version of this Agreement shall prevail over any other language version.

 

Effective from 1.4.2021