Terms and Conditions

The Terms and Conditions (hereinafter: Terms and Conditions) of ASSMANN ELEKTRONIKA d.o.o. shall be published on this website in full text, and below we provide their basic provisions for our Clients. The Terms and Conditions are a constituent part of any contract on sale and supply of goods and services and apply to any delivery of goods to clients who perform a registered activity and have the status of a B2B client. Client status is established by the Seller based on previous cooperation with a particular client or upon receipt of first order.   

ASSMANN ELEKTRONIKA reserves the right to amend the Terms and Conditions at any time, as well as to terminate the access to the online shop without previous notice.  If a Client continues to use the online shop after amendment of the Terms and Conditions, it is assumed that the Client is familiar with the amendments. ASSMANN ELEKTRONIKA d.o.o. excludes liability for any damage caused to users or third parties following such amendments. 


1. General provisions

These Terms and Conditions are a constituent part of any goods sale contract. By accepting the Seller’s offer, the Client explicitly accepts these Terms and Conditions. Any conditions deviating from these Terms and Conditions shall only be binding if explicitly accepted in writing.  

Only a registered B2B Client can shop using the website. When submitting a request for activation of the B2B status, the Client undertakes to provide to the Seller the requested information about the legal entity or craft or other registered form for performing business activities, as well as the contact information. The Client will be assigned a username and password and in their user profile they will be able to place an order and use possible additional rebate, payment terms and other benefits. The Client is not authorized to provide their access data to other persons and they are liable for any actions taken and orders placed with their user data, as well as any expenses arising due to change of address or contact details, if the changes were not provided to the Seller. 

The Seller reserves the right not to accept an order due to Client’s previous unpaid debts or other information indicating that the Client might not be able to fulfil financial obligations.  


2.
Offers

Offers are fully non-binding. Model representation and information including technical data are subject to change. The Seller is not liable for possible damage caused by the inability to carry out the order or by the use of the website. 

All products listed in the online shop are listed with picture, description and information forwarded by product manufacturer, agent and/or importer.  

The Seller will update the information without delay upon learning of and in accordance with information forwarded by manufacturer or agent; however, deviations are possible. Therefore, the Seller asks the Client to search for photos and descriptions on the manufacturer’s website for any details relating to product technical information or features which are important for the purchase decision, as those data are considered relevant. 

Orders are binding for the Seller after providing notice to the Client that their order is being processed and after issuing an order confirmation – offer to the Client, which remains valid for three days, in which period the Client is obliged to pay the price of the goods. There are no limits in the value of products which the Client can order. The Seller will inform the Client by e-mail when the goods are ready for delivery or have been forwarded to the courier, with a notice on the expenses. 

The goods are delivered from the stocks, except in case of reservations, when the goods are delivered as soon as possible after having been received in the warehouse; the Client will be informed accordingly in the order confirmation. 


3.
Delivery times and terms 

The delivery time is 7 days as of order confirmation by the Seller. In this period, the product will be ready for takeover at the warehouse or, in case of delivery, handed over to the courier. 

Delivery is at the Client’s expense, EXW the Seller’s warehouse at the address Zagreb, Slavonska avenija 50, unless the Client expressly requests delivery of the product by courier. The products shall be delivered by courier in line with their valid pricelist or special delivery terms.  If it is visible in the listing of a product that it is not available at the Seller’s warehouse, or if the Seller notifies the Client thereof directly upon receipt of the order, the Seller shall at the same time inform the Client of the time possibly necessary for supplying the product. The Client shall provide for a reasonable subsequent time for fulfilling the contract.  

If the Seller cannot deliver any of the ordered products for any reason, the Seller’s staff shall contact the Client by phone or e-mail in order to agree on the delivery of a replacement product or possible cancellation of the order, i.e. termination of contract. Provided that the notice to the Client is provided within the delivery time, the Seller shall not be liable for any damage due to delay or termination of contract.   

If it turns out that a delivery cannot be made in time, the Seller shall inform the Buyer thereof by e-mail, and indicate the provisional delivery date, if possible.  In case of force majeure, the Seller shall be relieved of the delivery obligation during its duration. Force majeure means any event which the Seller could not influence directly, and which makes it impossible for the Seller to fulfil its obligations in whole or in part. This includes, without limitation, acts of God such as floods, earthquake and fire, as well as operational circumstances for which the Seller is not liable, such as strike or administrative bans or sanctions. The Client will be notified without delay and in any case the Parties shall try to minimize the damage.  

Partial deliveries are possible and are charged separately. 


4.
Prices and payment 

Product prices are in Croatian kuna (HRK) and are exclusive of value added tax, which is charged in addition. After Client registration, the wholesale price and the total order amount and tax are shown in the order specification. For Clients outside Croatia, the price shown is the total price in euro (EUR) with adequate application of the tax regulations. 

Product prices listed by Seller in the order confirmation apply. In case of differences in relation to the price published in the online shop, the price listed in the order confirmation shall apply. In this case the Client has the right to withdraw the order and is obliged to inform the Seller thereof within 2 days as of the receipt of the order confirmation. For cancellation of the order after the deadline, the Seller has the right to charge a fee of 10% of the order value. 

A description of the main product characteristics is listed next to the product picture and description. 

The Seller uses the services of a courier. The Client will be informed of the packaging and delivery costs before delivery. 


5.
Payment terms 

The Client is obliged to pay the invoice within a period which will be visible to each Client upon first opening their user profile. In case the product is faulty, the Client does not have the right to reduce the price on their own and to make a partial payment, and they are not authorised to submit any requests with regard to product defects if the amount of a due invoice has not been paid. Default interest applies if an invoice is not paid within the payment term.  


6.
Reservation of title 

ASSMANN ELEKTRONIKA d.o.o. has the exclusive ownership of and title to the products, i.e. the delivered goods, until the moment they are paid in full, including interest and possible other expenses. The Client is obliged to store the goods delivered at own cost and to take all measures for their preservation, as well as to maintain them correctly. Until the moment of full payment, the Client is not authorised to dispose of the goods and is obliged to inform their creditors in case of seizure.  The goods delivered cannot be pledged or burdened in any other way. 

In case a return of the goods is not possible any more or if the goods are returned to the Seller damaged, the Client is obliged to pay the amount of 20% of the total value of goods and corresponding expenses, and to reimburse the possible damage. 


7.
Seller guarantee and liability 

The Client is obliged to inform the Seller of any product defects of any kind without delay, and in any case before using the product, by e-mail to the e-mail address info@assmann.hr, with a detailed description of the defect, and to make it possible to the Seller to inspect the product. If the package has been damaged in transport carried out by a courier and damage is visible, the Client is obliged to contact the Seller without delay and not to take over the goods. 

A defect complaint does not free the Client from the obligation to pay the price. A precondition for the Seller’s warranty is due fulfilment of obligations by the Client. The Seller is not liable for material defects of items. However, depending on the case, the Seller will consider the complaint and if the complaint is found to be reasonable, the defect will be remedied or a replacement provided. If the defect cannot be remedied in a reasonable period requested by the Client, the Client can request a price reduction or terminate the agreement. Termination is not possible in case of minor defects. Guarantee requests do not apply in case of minor deviations from the agreed quality or minor limitations regarding adequate usability. Liability of the Seller for defects resulting from actions of the courier is expressly excluded.   

The manufacturer’s guarantee for functionality of the product in the duration of two (2) years applies. 

At delivery, the EXW parity applies – warehouse of ASSMANN ELEKTRONIKA d.o.o., with the Seller’s warehouse being the place of fulfilment of obligations by the Seller. The Seller is considered to have fulfilled its obligation and the expenses and risks pass to the Client when the goods have been made available to the Client by handover in the warehouse. The Client is responsible for loading the goods. The delivery of goods is regulated by the liability of the courier and corresponding delivery insurance for delivery to the Client’s delivery address.  

The Client is obliged to inspect the product at takeover or receipt. In case of delivery, the Client is obliged to report any defects considered to have arisen during the delivery without delay. The Client is obliged to inspect the delivered products and to compose a protocol on any damage to the packaging or the products.  

If the Client does not take over the product or refuses to take it over without a valid reason, the Seller reserves the right to charge the packaging fee, delivery expense and any other costs related to the return of the product. 

Justified complaints can only be sent by e-mail to info@assmann.hr or by post to the address Zagreb, Slavonska avenija 50. Other complaints shall not be considered. 


8.
Return 

The product can be returned and replaced only in accordance with the Seller’s explicit instructions by means of personal handover in the warehouse in Zagreb, Slavonska avenija 50. Return is only possible for products which are undamaged, unused, and in the original packaging, and when all written instructions and documents are enclosed with the product, which will be checked at takeover. 

The Client is entitled to refund or replacement in the following cases: 

- if goods were delivered which were not ordered, 

- if goods were delivered with a defect which obviously arose in production, 

- if a damaged product was delivered.  


9.
Intellectual property rights 

The exclusive owners of intellectual property rights for the products are the companies of the ASSMANN Group. The content of the website is copyrighted and any amendment, copying or distribution of content is only possible with previous written consent of the Seller.


10.
Data Protection Statement 

The Client agrees that the Seller will store any necessary data in electronic form, for the purpose of processing orders and for bookkeeping, in accordance with data protection regulations and additional Client statements. 


11.
Competent Law and Jurisdiction 

All contractual regulations between the Seller and the Client are subject to Croatian law. The place of jurisdiction is Zagreb. In case of dispute, the Croatian text of the Terms and Conditions prevails. 


12.
Final provisions 

Oral agreements only apply if subsequently confirmed in writing.