These general business conditions apply to all offers, orders, sales contracts, and deliveries from, to, with and by Lumeg-in d.o.o. General terms and conditions of business by the customer are expressly excluded. Acceptance of these general terms and conditions by the customer is considered a simple fact of entering a sales contract and/or order. In this way, the buyer confirms that he is familiar with these conditions and declares that he understands and accepts them as an integral part of the Agreement. Unless otherwise agreed in writing, Lumeg-in d.o.o. shall not be bound by any inconsistent terms or conditions or any variation of these terms. Lumeg-in d.o.o. always has the right to unilaterally change these general business conditions.
Offers, specifications and quotations from representatives and/or employees of Lumeg-in d.o.o., as well as orders received have no legal basis. The obligations of Lumeg-in d.o.o. start only in the case of an official purchase order by the customer for all goods and services.
The process of selling goods and performing services is subject to deferred payment only in case of receipt by Lumeg-in d.o.o. bank guarantee or other insurance instrument satisfactory to Lumegin d.o.o. In the absence of the above, Lumeg-in d.o.o. reserves the right to suspend the process of selling goods and/or performing services of the item as long as Lumeg-in d.o.o. does not receive satisfactory insurance instruments. If the customer’s solvency is called into question, for example in case of non-payment or late payment of invoices, Lumeg-in d.o.o. also has the right to payment, that is, to demand a guarantee. If there is no guarantee or insurance instrument, Lumeg-in d.o.o. has the right to reject the Agreement legally and without official notice.
If the customer cancels the order accepted by Lumeg-in d.o.o., he becomes liable to Lumeg-in d.o.o. for damages equal to the damages suffered by Lumeg d.o.o.; including loss of profit, not taking into question the other rights of Lumeg d.o.o.
If due to events beyond the reasonable control and/or force majeure of Lumeg-in d.o.o., including but not limited to war, revolution, strike, blockade, lack of raw materials, fires, floods, boycotts, extreme/exceptional weather conditions, changes in legal status customer, bankruptcy, theft, delays or errors in delivery by suppliers, import or export restrictions or any other measure by any authority, or any other reason of force majeure by Lumeg-in d.o.o. cannot fulfill its obligations, or if it can fulfill its obligations with significant delays and/or with significant additional costs, the obligations of Lumeg-in d.o.o. will be suspended. If the situation that led to such a situation lasts longer than 90 days, Lumeg-in d.o.o. will be released from the performance of such obligations without the customer being entitled to any compensation or termination of the Agreement.
Any stated deadline and delivery are only approximate and do not obligate Lumeg-in d.o.o. Delay in delivery, even if caused directly by Lumeg-in d.o.o., shall not entitle the customer, to the detriment of Lumeg-in d.o.o., to any compensation for any costs, loss of time, loss of profit, etc. and/or other damages, nor terminate the Agreement. Lumeg-in d.o.o. reserves the right to partial delivery of goods if Lumeg-in d.o.o. considers it necessary.
Under no circumstances can Lumeg-in d.o.o. be held responsible for discoloration, static electricity, or any change in the appearance and/or quality and/or characteristics of the product due to improper use, handling, storage (including long-term storage), assembly or maintenance.
Unless otherwise expressly described in writing, the buyer bears the transportation costs. Unless otherwise expressly agreed in writing, goods are always sent at the buyer’s risk even when Lumeg-in d.o.o. is responsible for shipping.
The buyer is obliged to inspect the goods immediately upon receiving them. All complaints related to visual impairment must be submitted in writing on the transport document (CMR) and/or the consignment note and/or the log and communicated in writing to Lumeg-in d.o.o. within time frame of 12 hours. All complaints must contain the relevant invoice number, the quantity and name of the goods in question and a detailed description of the defects, including pictures. Without timely receipt of complaints, Lumeg-in d.o.o. cannot accept the objection. All other complaints related to delivery and/or services must be submitted in writing to the seller within 4 days of receiving the goods. All complaints must contain the relevant invoice number, quantity, and name of the goods in question and a detailed description of the complaint. Goods with obvious defects must not be cut or installed under any circumstances. Any complaints regarding such cut and/or embedded goods are inadmissible. In the event of a dispute regarding a complaint, the parties must attempt to reach an amicable resolution of the dispute. If the parties do not reach an amicable settlement, the parties will mutually appoint an independent expert to investigate the claim and prepare an investigation report. If the parties cannot agree on an independent expert, each will appoint an expert who will appoint an independent expert to investigate the claim. The independent expert’s report is binding on both parties. If Lumeg-in d.o.o. respond to late or otherwise invalid complaints, this always does not call into question any of his rights and Lumeg-in d.o.o. does not waive its rights to refer to the lateness or invalidity of the complaint.
Responsibility of Lumeg-in d.o.o. is always limited, at own choice and the choice of Lumeg-in d.o.o., to repayment of the purchase price of defective goods and/or repair of defective goods. Lumeg-in d.o.o. shall not be liable for any other damages, costs and/or losses, including consequential losses (such as but not limited to loss of customers and/or contracts) and loss of profits and losses arising out of any representation and/or negligence of Lumeg d.o.o. in connection with the sale of goods and/or the performance of services. If the customer does not accept the choice of Lumeg-in d.o.o., the customer is considered to have waived his claim against Lumeg-in d.o.o.
All complaints regarding invoices must be submitted in writing within 8 working days of their receipt. All prices are without VAT, and all other taxes and government costs are to be paid by the buyer. All amounts that are not paid on the due date are automatically and without further notice subject to statutory default interest at the rate determined by the legal framework from the due date up to and including the date of actual payment.
If the customer does not pay the invoice, in whole or in part, by the due date, illegal costs in the amount of EUR 15.00 / (or the equivalent in foreign currency) will be immediately added to the unpaid amount of the invoice after a formal written notice of non-fulfilment is delivered to the customer. The customer is responsible for all return costs and other changes incurred by Lumeg-in d.o.o. in recovery of payments due in this respect. Moreover, if there are any other debts owed by the customer to Lumeg-in d.o.o., they will immediately become due and payable, and all orders that have not yet been fulfilled will be suspended. In the case of the sale of goods on deferred payment, the buyer loses the benefit of deferred payment if he does not meet the payment date, and the full amount of the invoice is paid plus interest and contractual penalty, all provided for in the legal framework.
The goods will remain the property of Lumeg-in d.o.o. until the purchase price thereof has been paid in full, including interest and all other charges in respect of such goods. Until the ownership of the property is transferred, the buyer will hold the goods as a fiduciary agent or custodian of Lumeg-in d.o.o. and keep the goods identified as the property of Lumeg-in d.o.o. but has the right to resell the goods in the normal course of business. As long as the ownership of the goods is not transferred (provided that it has not been resold or ceased to exist), Lumeg-in d.o.o. has the right at any time to require the customer to return the goods, and in the absence of this, to enter the premises of the customer or any third party where the goods are stored to take them back into possession. Regardless of this express reservation on the right of ownership, for all risks of loss or damage caused by the storage and/or location of the goods, and all other responsibilities and/or risks related to the goods, the buyer bears full responsibility from the conclusion of the Agreement.
The contract between the parties is exclusively governed by Croatian law, excluding the Vienna sales conversion (United Nations Convention on Contracts for the International Sale of Goods). Unless the parties have mutually agreed on any other way of resolving their disputes, the competent courts in the area of the city of Zagreb have exclusive jurisdiction.
If the subject of delivery and/or service is subject to any inspection/certification, the product must not be played with or used in any other way during the period prior to the written notification of the results of the test carried out by the recognized inspection body, which shows that the product meets all standards. Any violation of this provision results in the automatic expiration of the warranty provided by Lumeg-in d.o.o. Deviations from the above must always be agreed in writing.