September 15, 2018

GENERAL TERMS AND CONDITIONS – BUYERS

This post is also available in: srсрпски (Serbian)

 

General terms and conditions applicable to relationships with buyers of the company ,,14.OKTOBAR D.O.O. Kruševac’’, with its registered seat at Jasički put 2, 37000 Kruševac, Republic of Serbia, company ID No.: 21178772, TAX No.: 109418823, specifically applicable to the legal entities and individuals – entrepreneurs.

1.Introductory provisions

1.1. These general terms and conditions (the “GTC”) govern the legal relations between the company ,,14.OKTOBAR D.O.O.Kruševac‘‘, with its registered seat at Jasički put nr.2, 37000 Kruševac, Republic of Serbia, company ID No.: 21178772, TAX No.: 109418823 as the seller (the “Seller”) and any legal entity or individual – entrepreneur that according to these GTC is the buyer of goods/services from the seller (the “buyer”) (Goods and services hereinafter jointly referred to also as the “goods”).

1.2. Legal relationships between the seller and the buyer are governed by these GTC, by the purchase contract concluded between the buyer and the seller and unless these documents provide otherwise, the legal relationships are governed by the generally binding legal regulations of the Republic of Serbia.

1.3. The seller and the buyer may agree in the purchase contract validly concluded between them on application of the different rights and obligations than those stipulated by these GTC. In case of discrepancies between such contractual arrangements concluded between the parties, the later contractual arrangement shall prevail. The seller reserves the right to amend these GTC. The seller is obliged to notify the buyer of amendment to the GTC in writing not later than fifteen (15) days before the amendments enter into force.

1.4. These GTC are published on the website www.14oktobar.rs.

2. Definition of terms

2.1. Thе seller under these GTC is the following company:
,,14.OKTOBAR D.O.O. Kruševac’’
Jasički put 2, 37000 Kruševac,
Republic of Serbia,
company ID number 21178772,
TAX No. 109418823,
Website: www.14oktobar.rs

2.2. The buyer is under these GTC a legal entity or a natural person – entrepreneur that buys the goods or services from the seller or with whom the seller has entered into a purchase contract in writing.

2.3. The parties pursuant to these GTC are the seller and the buyer.

2.4. The document in a written form is the document in the form of a regular letter, electronic mail, i.e. e-mail.

2.5. The place of delivery is the place which the parties defined as a place of delivery in the binding order, otherwise it is the registered seat of the legal entity or a place of business of the seller (buyer).

2.6. Purchase Contract is a written document having such designation, as well as any mutually confirmed proposals of the parties that contain fundamental requirements pursuant to the applicable laws: subject matter of the purchase, delivery date, purchase price, designation of the parties, and also the order issued by the buyer that is confirmed by the seller.

2.7. The goods pursuant to these GTC are the products that are offered for sale by the seller, in particular the goods specified in its catalogues, or the website
www.14oktobar.rs.

2.8. As far as domestic sales concerns, the goods that is a weapon and/ or ammunition, is being sold by the seller to the buyer exclusively in person, during a visit of the seller´s site or after an arrangement during a personal meeting with the representatives or employees of the seller, and only pursuant to valid and effective laws applicable to weapons and ammunition.

2.9. In case the purchase order does not contain the data specified in point 2.6 of these GTS the seller is obliged to the request the buyer to provide the missing data in the purchase order.

3. Methods of placing the order and conclusion of the purchase contract

3.1. The buyer may send the order for the goods to the seller in writing, i.e. via facsimile, electronic mail (e-mail), via regular post. The buyer may also announce the order to the seller also via telephone or verbally. The order that was made via telephone or announced verbally must be without undue delay perfected and confirmed by the buyer in writing at the latest in two working days after the order via telephone or the verbal order was made, otherwise the order is null and void.

3.2. The order of the buyer that is sent to the seller must contain at least the following details:
-Identification data of the buyer:
• business name or name and surname of the buyer
• registered seat, place of business of the buyer
• company ID number, tax ID number, or VAT ID number of the buyer
-Identification data of goods:
• description of the goods, code of the goods, its catalogue number,
• type of the goods,
• amount of the goods,
• quality, size, colour, and surface finishing or other specifications of the goods,
-Identification data for the delivery of the goods:
• date of delivery
• method of delivery
• place of delivery

-Identification data of the person who is authorized to act on behalf of the buyer in the matter of the order, in particular to take over the goods, to confirm the takeover of the goods, to change the terms of the delivery:
• name, surname of the authorized person,
• telephone or e-mail contact of the authorized person, (the “order”).

3.3. In case of any conflict between the specification of the goods in the order and the actual specification of the goods with the seller, for the purposes of the order confirmation is decisive the specification of the goods in the order.

3.4. Order placed by the buyer to the seller containing information pursuant to point 7.2 of these GTC shall be considered as an offer for a conclusion of a contract pursuant to applicable law. The contract between the seller and the buyer shall be considered validly concluded and binding only at the moment of the acceptance of the offer, i.e. at the moment when the order is confirmed to the buyer in writing by the seller.If the seller, after placing the order, changes the information in the order (conditions for the delivery of the goods), the contract is deemed to be concluded at the moment of the explicit confirmation of these changes by the buyer.

3.5. If the order does not contain information specified in point 7.2 of these GTC, the seller is entitled to request the buyer to complete the information in the order.

3.6. Order confirmation will include, except for the information that is required for the order also a price calculation for the transportation of the goods, if the place of delivery is not in the registered seat of the seller. Inactivity of the seller shall not result into and shall not mean the acceptance and/or order confirmation.

3.7. The buyer is, even after confirmation of the order by the seller, entitled to cancel the order within 24 hours from the moment of the sending of the order to the respective e-mail addresses of the traders of the company.

3.8. Special requirements of the buyer, in particular the requirements regarding the packaging, certificates, method of delivery, quality is necessary to state individually in each order and the seller reserves the right to restrict and/or to refuse the order in relation to these individual requirements of the buyer.

4. Delivery terms

4.1. If the parties agreed on the personal pick-up of the goods, the buyer is entitled to pick-up the goods in the registered seat/business premises of the seller. Each personal pick-up must be notified at least 7 days prior to the pick-up date to the respective trader who must confirm in writing that s/he agrees with the suggested pick-up date. In the case of a written agreement between the seller and the buyer the goods may be picked-up also outside the business hours of the seller.

4.2. When the parties agreed on the place of delivery in the Republic of Serbia that is different from the registered seat of the seller, the seller itself will deliver the goods to the buyer at the agreed address or it delivers the goods via the transportation service (the “carrier”). The seller is not primarily responsible for the late delivery of the goods
caused by the carrier provided the delivery parity does not stipulate otherwise.

4.3. The buyer is obliged to duly take over the goods from the seller or the carrier, to inspect the conformity of the goods delivered with the order for goods, and in case of any apparent defects immediately notify the Seller. During the goods takeover the buyer is obliged to sign the handover protocol/delivery note. By signing the handover protocol/delivery note the buyer confirms that the shipment of the goods was taken over undamaged and without any apparent defects. If the buyer does not take over the goods within 7 (seven) working days after the expiration of the period specified in
the purchase contract or a binding order confirmation, the seller is entitled to charge the buyer a contractual penalty in the amount of € 10.00 (in words: ten euros) for each piece of the goods and at the same time for each day of storage period of goods. After expiry of 14 (fourteen) working days from the date when the buyer was obliged to take over the goods, but has not done so, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party.

4.4. The seller will deliver the goods to the buyer together with the tax document for the ordered goods.

4.5. The seller agrees to duly pack the goods before their handover to the transportation according to mutually agreed packaging specification of the buyer. In case the packaging specification has not been agreed, the seller undertakes to pack the goods in such a way that prevents its damage during its transportation, provided the goods are being handled with properly and safely. The seller is not liable for any damage to the goods caused by incorrect or unprofessional handling with the goods by the carrier.

4.6. Unless the parties agree otherwise, the seller is not obliged to insure the goods against any damage during its transportation..

5. Price of the goods

5.1. Price of goods shall be determined in the seller´s offer.

5.2. Prices listed by the seller are always exclusive of VAT, unless stated otherwise. The price will be increased by the applicable VAT rate pursuant to valid and effective laws.

5.3. Price of goods does not include the cost of transportation of the goods and the customs or other duties, unless the delivery parity stipulates otherwise.

5.4. In case of occurrence of any change on the part of the buyer concerning the fact whether it is a VAT payer or not, it is the obligation of the buyer to inform the seller on such change at the latest at the moment when the first order is placed after the change occurred.

6. Payment terms

6.1. The buyer agrees to pay duly and in time the purchase price for the goods.

6.2. The method of payment of the purchase price may be agreed between the parties as follows: payment in advance before delivery of goods, payment upon the delivery when the goods are picked-up in person, payment upon the delivery, payment after the delivery.

6.3. In case it was agreed between the parties that the purchase price shall be paid in advance of the delivery  of  the  goods,  the  seller  shall  issue a proforma (advance payment) invoice to the buyer. During the delay with the payment of the purchase price on the basis of the proforma (advance payment) invoice the seller is not in delay with the delivery the goods to the buyer, and the seller is not obliged to deliver goods to the buyer prior to the payment of the invoiced amount. The purchase price is deemed to be paid on the moment of crediting the corresponding amount to the account of the seller.

6.4. In case it was agreed between the parties that the purchase price shall be paid after the delivery of the goods, the due date of the invoice is 14 days from the date of its issuance, unless the parties agreed otherwise. The purchase price is deemed to be  paid  on  the  moment  of  crediting  the corresponding amount to the account of the seller.

6.5. In case the buyer is in delay with the payment of the purchase price, the buyer is obliged to pay to the seller the delay interest in the rate of 0.05% of the purchase price per each day of the delay. Seller´s right to claim damages shall not be affected by the payment of the delay interest.

7. Acquisition of the ownership title and the transfer of the risk of damage to goods

7.1. Ownership title to the goods passes to the buyer on the moment when the purchase price for the goods is fully paid.

7.2. The risk of damage to the goods passes to the buyer at the moment of the takeover of the goods from the seller, or at the moment when the buyer is pursuant to the agreement of the parties authorized to manipulate with the goods if the buyer is in delay with the takeover of the goods.

7.3. In case the parties agreed on handing over of the goods to the transportation to the carrier, the risk of damage to the goods passes to the buyer at the moment when the goods are being handed over to the transportation by the seller.

7.4. The  buyer  is  obliged  to  inform  the  seller immediately about any threat to its rights to the goods that remain in its ownership, in particular about the retention  right and  other types of restriction of the rights. If the buyer fails to fully meet its obligations, it undertakes to pay the seller a contractual penalty in the amount of 10% of the amount of the unpaid invoice. The payment of the contractual penalty is without prejudice to the seller’s right to claim damages.

8. Force Majeure

8.1. In case of occurrence of a circumstance that is by its nature a force majeure event that prevents the seller to deliver the goods, such failure to deliver the goods is not a breach of an obligation by the seller. In case of occurrence of any circumstance that is by its nature a force majeure event that prevents the seller to deliver the goods fully or in time, the period stipulated for the performance is extended by the period of occurrence of the force majeure event. If possible, the seller undertakes to notify the circumstances that are by their nature a force majeure event to the buyer without undue delay after the seller learns about their existence.

8.2. An event that is by its nature a force majeure event shall comprise, in particular: natural disasters, fire, storm, severe frosts, earthquake, occurrence of infectious diseases, war or a state of war, civil unrest, mobilization, blockade, general strike, or official or state measures that participants can not remove or control.

9. Product defects and exercise of the claims for defects

9.1. The buyer is obliged to inspect the goods immediately after it has obtained an opportunity to manipulate with the goods (the “examination of the goods”). After the takeover of the goods, the buyer is obliged to check the amount of the goods, type of the goods and its surface finishing.

9.2. In case: (I) the goods have apparent defects discovered by the buyer or that should have been discovered when due professional care is exercised by the buyer, (II) the seller delivered different goods than the agreed goods, (III) the goods is delivered in a lesser amount than agreed between the parties, the buyer is obliged to immediately notify the seller in writing of these defects at the moment of the takeover of the goods via making a record in the delivery note or immediately afte unpacking the packaged goods. The seller is entitled to reject the complaint and the claim for removal of the defects that are made contrary to this provision. In particular, the following defects are deemed to be the apparent defects: mechanical damage on the packaging of goods and on the goods, missing documents relating to the packaging of goods and to the goods, missing accessories to the packaging and to the goods.

9.3. When the goods have hidden defects that the buyer has not discovered and even could not have discovered when exerting the professional care during the examination of the goods, the buyer can make the claim concerning the defects and make a complaint in the standard warranty period which is 24 months, or during the warranty period individually agreed between the parties. The seller is entitled to reject the complaint and the claim for removal of the defects when the claim concerning the defects on the goods/complaint were not made by the buyer against the seller in writing and immediately after the buyer could have discovered the defects when exercising a due professional care.

9.4. When the delivery of the goods with the defects prevents the proper use of the goods, the buyer is entitled, when making a claim concerning the defects/complaint, to request the removal of the defects by repairing the defective goods within an additional adequate period of time that is the buyer required to provide to the seller for such purpose (in case of removable defects), or to request an adequate discount on the price. Except for the case of removable defects, the buyer is entitled to request the delivery a replacement for the delivery of defective goods or to request the delivery of the missing goods or to request an adequate discount from the price. The buyer is obliged to inform the seller about its choice of the claim together with the claim concerning the defects/complaint.

9.5. When the delivery of defective goods does not preclude a proper use of the goods, the buyer is entitled, when making a claim concerning the defects/complaint, to request delivery of missing goods, removal of the defects goods within an additional adequate period or a discount on the price. The buyer is obliged to inform the seller about its choice of the claim together with the claim concerning the defects/complaint.

9.6. The seller is not liable for the defects on the goods resulting from the breach of the buyer’s obligations by unprofessional manipulation with the goods, if the buyer uses the goods contrary to the instructions for the use of the goods, for the defects resulting from the mechanical damage to the goods. Furthermore, the seller is not liable for the defects on the goods that occurred after the risk of damage to the goods has been transferred onto the buyer as a result of the transportation of the goods, external interferences and influences, and interferences by third parties. Furthermore, the seller is not even liable for the defects on the goods about which the buyer knew at the time of the conclusion of the contract or at the time of the takeover of the goods or must have known taking into account the circumstances during which the contract has been concluded.
9.7. When making a claim concerning the defects on the goods/complaint, the buyer is obliged to cooperate with the seller, in particular to provide the seller with all necessary information for assessment of the complaint, especially a clearly defined contradiction with the specification of the defects on the goods, photographic documentation depicting the defects of the goods.

9.8. The buyer is obliged to make the claim concerning the defects on the goods/complaint in writing and state at least the following information about the defect on the goods (the “complaint form”). If the buyer fails to provide the Seller with all the information required by the complaint form, the claim concerning the defects on the goods/complaint is not deemed to be made in compliance with the laws and the seller is not obliged to deal with the complaint, and the buyer is not entitled to any rights from the claim concerning the defect/complaint. The complaint form includes at least the following information: a) Identification data of the buyer: business name, registered seat/place of business, company ID number, name, surname, telephone number or e- mail address of the person authorized to act on behalf of the buyer in the matter of the complaint, b) Identification data concerning the order: order number, delivery note number, date of the receipt of goods, c) Identification of the defect/ reason for the complaint: the type of the goods, clearly defined contradiction with the specification, accompanied by photographic documentation depicting the defect, d) Suggested method of the resolution of the complaint.

9.9 The buyer is obliged to store the defective goods free of charge and separately, until the resolution of the complaint. If the seller during the complaint procedure assesses the complaint as unfounded and the seller incurs costs in respect to the resolution of the complaint, the buyer accepts to refund these costs to the seller.

10. Service and consultations

10.1. The seller provides the buyer to its best knowledge the consultations and user-technical advice. The seller is not liable for any damage resulting from the improper manipulation with the goods, or the improper use of the goods.

11. Copyright

11.1. Any written texts, fine artistic, graphic, photographic and other works contained on the website: www.14oktobar.rs are protected as intellectual property, and any of it separately and all of them together including their arrangement, and it is not possible to use them in any way without demonstrable consent of their author.

12. Privacy policy

12.1. The buyer hereby declares that pursuant to the applicable law. on Protection of Personal Data, it grants the consent to the seller to process and store its personal data, in particular the data indicated when making the order or during the communication with the seller, and also agrees with the seller processing these personal data in all its information systems. The buyer grants the consent to the seller for an indefinite period of time. The consent may be withdrawn at any time in writing at the address of the registered seat of the company or via e-mail addressed on: office@14oktobar.rs.

12.2. The buyer grants consent to processing of its personal data: name and surname, home address, invoicing address, identification number, tax identification number, electronic mail address, and telephone number (the “personal data”).

12.3. The buyer agrees to the processing of personal data by the seller, specifically for the purposes of execution of the rights and obligations from the purchase contract and for the purposes of sending information and commercial announcements to the
buyer. The buyer acknowledges that it is obliged to indicate its data on the order correctly and truthfully and that it is obliged to inform the seller without undue delay about any changes in its personal data.

12.4. Personal data will be processed during the period of the duration of the consent. Personal data will be processed electronically via automated means or in a printed form via non-automated means, also via third parties, and also outside Serbia. Personal data of the buyer will be registered in the records of the seller and will be processed by the designated employees of the seller.

12.5. The buyer confirms that the personal data provided is accurate and that it was advised that the personal data is provided on a voluntary basis.

12.6. The purchaser as the data subject declares that it was informed about its rights attributed to it pursuant to Act on Protection of Personal data (“Official Gazette of the Republic of Serbia”, No. 97/2008, 104/2009 – other Law, 68/2012 – decision of CC and 107/2012).

13. The court of arbitration

13.1. The seller and the buyer hereby agreed that any dispute arising from the legal relationships established by the orders and/or the contract or relating thereto, including all ancillary legal relationships, claims for unjust enrichment, claims for damages, disputes on validity, interpretation and termination of the contract or this arbitration clause, shall be determined in the arbitration proceedings pursuant to the Act on arbitration (“Official gazette of Republic of Serbia”, nr. 46/2006) and will be submitted to the competent arbitration court in the Republic of Serbia. The Parties are obliged to comply with the arbitration award of the competent arbitration court in the Republic of Serbia. The parties agree that the arbitration award of the arbitration court is final, binding and enforceable against the parties.

14. Confidentiality

14.1. When ensuring compliance with the point 1. of this article in relation to all information which the parties learn in the course of the contractual relationship between the seller and the buyer, and/or which are identified or treated as confidential, and/or which based on other circumstances is discernible as confidential and/or
a trade secret disclosed to the buyer (the “confidential information”), each party shall:

14.1.1. During the duration of this contractual relationship as well as after its termination, maintain in secrecy and confidentiality any confidential information, and if it is not for the purposes of this contractual relationship – it shall neither reproduce such information nor provide it to third parties or otherwise use it;

14.1.2. Disclose confidential information to third parties only with the prior written consent of the seller;

14.2. The provisions of the point no. 1 of this article shall not apply to confidential information which:

14.2.1. is or becomes known to the public without any breach of obligations or an assistance provided by the parties;

14.2.2. was known to one of the contractual parties before conclusion of the contractual relationship or was provided to it by the third party as information that is not confidential while at the same time the third party did not breach its own confidentiality obligation;

14.2.3. is duly disclosed on the basis of the legal obligation, decision of the competent court or other regulatory authority; in these cases the contractual party that is obliged to disclose the information will immediately notify the other contractual party before the disclosure of information.

14.3. All legal confidentiality obligations imposed on both contractual parties remain unaffected by the provisions of point 1 and 2 of this article.

15. Final provisions

15.1. General terms and conditions form a part of the orders and contracts concluded between the seller and buyer, and are valid in their entire extent unless agreed otherwise in the contract. Any other conditions are valid only when they are confirmed
by the seller in writing. In case of any disputes the parties shall follow the provisions of the contract, the Commercial Code and other related laws.

15.2. These general terms and conditions are executed in English and Serbian language. In case of any discrepancies between the language versions, the
English version shall prevail.

15.3. In case of inconsistency between these GTC and the contractual relationship it is deemed that the contractual relationship prevails over the provisions of these GTC.

These terms and conditions are valid and effective as of 1st January 2018.