1.1. These general terms and conditions apply between the buyer and the company EKOSEN d.o.o., Ptujska cesta 116, 2000 Maribor, telephone: +386 2 620 81 99, email: info@ekosen.si as the seller (hereinafter: the seller) in connection with the buyer's purchase of the seller's goods.
1.2. A buyer is any person who has a valid agreement with the company EKOSEN d.o.o. for the purchase of the seller's goods.
1.3. A confirmed and paid offer received by the buyer from the seller is considered a valid agreement for the purchase of goods.
1.4. All contractual agreements between the seller and the buyer regarding the purchase of goods are regulated by these general terms and conditions and by the specific order/offer.
1.5. The general terms and conditions, which are amended as needed, are published on the company's website ekosen.si, and upon request, are also sent to the buyer's email address.
2.1. These general terms and conditions prevail over conflicting contractual terms of the buyer or contractual terms of another person that deviate from these general terms and conditions.
2.2. These general terms and conditions also apply even if, aware of the existence of conflicting or different contractual terms of the buyer or another person, the seller performs any performance or other conclusive action that could be considered a confirmation of the conflicting or different contractual terms of the buyer or another person. The validity of the latter is excluded in any case. This also applies if the contractual terms of the buyer or another person could be considered accepted after the inclusion of these general terms and conditions.
3.1. Between the seller and all persons considered consumers in the sense of consumer legislation, only the general terms and conditions specified in this document apply.
3.2. In the case referred to in the previous point, the provisions of consumer legislation also apply supplementarily in any case and also prevail over any conflicting provisions of these general terms and conditions.
When making a purchase, the buyer is bound by the general terms and conditions valid at the time of purchase. When placing an order, the buyer is specifically notified of the general terms and conditions valid at that moment, and confirms awareness and agreement with them by submitting the order or by confirming the received offer (payment execution).
These general terms and conditions apply regardless of the buyer's statutory or actual domicile and regardless of their actual ability to understand the language in which these general terms and conditions are drafted. Under the conditions of consumer legislation, the buyer may also request the conclusion of a contract based on these general terms and conditions in another language.
6.1. The seller's announcements represent a display of the basic terms of purchase, unless expressly stated otherwise in the announcement.
6.2. The seller guarantees the characteristics of the goods as stated in the seller's advertising, catalogs, and on the websites.
6.3. The purchase of used or display items is clearly stated in the offer received by the buyer from the seller. By confirming the offer (making the payment), the buyer confirms that they have been informed of the stated characteristics of the goods and accepts them. In this case, the seller does not guarantee delivery in original packaging, but in suitable packaging.
7.1. EKOSEN d.o.o. offers customers from the Republic of Slovenia the following payment methods for purchases (for payments from abroad, only 100% advance payment is accepted):
– payment by proforma invoice and direct bank transfer to the seller's transaction account,
– payment by payment cards (Activa, Visa, Visa Electron, Mastercard, Maestro, Diners), payment in installments with a Diners card,
– payment in installments with a Mastercard card (we accept cards from all banks, except NLB bank installment payment cards (we use SIX Payments company POS terminals)).
– The company does not operate with cash in its branches.
EKOSEN d.o.o. enables the customer to pay for purchases under the conditions set out in these general terms and conditions:
7.2. Payments are made exclusively in euros or, if the seller's registered office is outside the euro area, in the currency that represents valid legal tender in the country of the seller's registered office.
7.3. When choosing payment by proforma invoice and direct bank transfer, the customer is entitled to an additional 3% general discount. The amount of the general discount and the amount required for payment are stated on the offer that the customer receives from the seller.
7.4. Natural persons have the option of paying the offer in two parts in a 60:40 ratio, provided they also order installation services from the seller. 60% of the payment ensures the customer the opening of a work order and the handover of order processing to one of the seller's official installers. The customer undertakes to pay the remaining 40% of the purchase price on the day of installation. When choosing the 60:40 payment option, the customer is not entitled to the 3% general discount.
7.5. When choosing payment by payment card or any installment payment card, the customer is not entitled to the 3% general discount.
7.6. Legal entities can confirm the purchase either by submitting an official purchase order or by direct transfer of the purchase price to the seller's transaction account. In both cases, the customer is entitled to an additional 3% general discount.
7.7. In the case of purchase confirmation by legal entities with a purchase order, mutually agreed payment terms, which must also be stated on the relevant purchase order, apply as the payment deadline.
7.8. The customer agrees that in case of suspected abuse of any payment method, the seller may, at their discretion, submit any relevant transaction to the competent authorities for resolution without prior notice.
7.9. The customer acknowledges and agrees that their payment service provider may charge the customer for transactions unknown to the seller, for the purpose of fulfilling the customer's payment obligations related to a purchase under these general terms and conditions. The customer agrees to bear such costs themselves.
7.10. If the goods are subject to a reduced VAT rate or the application of Article 76.a of the Rules on the Implementation of the Value Added Tax Act, the customer, who is a VAT taxpayer, declares that they are a direct investor and are therefore entitled to the applied reduced or reverse charge VAT rate.
8.1. The seller enables delivery both within Slovenia and within the EU, as well as delivery to third countries.
8.2. The seller is a contractual partner with Pošta Slovenije (Slovenian Post), which performs the delivery of goods for the seller, so the official delivery times of Pošta Slovenije apply for delivery deadlines.
8.3. If the buyer also chooses the installation service from the seller, they also have the option for the goods to be delivered on the day of installation. In this case, the goods are delivered by the assigned installer.
8.4. Shipping for delivery to the buyer within Slovenia is free, except for items where it is specifically stated that the delivery service will also need to be paid for upon purchase.
8.5. Postage to other EU countries and third countries is charged in accordance with the official price lists of the delivery service that will perform the delivery.
8.6. The choice of delivery service is at the discretion of the seller.
8.7. In the event of detected issues with the buyer's fulfillment of payment obligations, the seller may, at their sole discretion, postpone or cancel the dispatch of goods or even the handover of goods to the buyer after dispatch, until the buyer's payment obligation is fully met.
9.1. For the purchase of goods, the buyer receives an official warranty certificate from the seller. The warranty certificate is handed over to the buyer together with the seller's final invoice or upon delivery of the goods without assembly, or after the completion of the assembly of the purchased goods.
9.2. The warranty conditions are stated on the warranty certificate itself and are specified separately for each item of goods.
9.3. For certain items, the seller also offers the option of an additional payment for extending the warranty period of specific goods (hereinafter: extended warranty). In this case, for questions where the warranty deviates from the general conditions of warranty periods or legal regulations, the provisions of the extended warranty shall apply.
9.4. Each warranty is valid only in accordance with the instructions on the warranty certificate and upon presentation of the warranty certificate and invoice.
9.5. If there is no information about an extended warranty in the documents mentioned in the previous point, it shall in any case be deemed that there is no extended warranty.
9.6. The seller is responsible for material defects of the goods in accordance with the provisions of civil law (Obligations Code and Consumer Protection Act). For consumers, the provisions of consumer protection law apply, even if they deviate from the rules stated below.
9.7. The seller must deliver the goods to the buyer in accordance with the contract and is responsible for material defects in their performance.
9.8. For a material defect (definition of a material defect, claiming a material defect, deadline for claiming a material defect, notification of a material defect, seller's obligation to remedy a material defect, etc.), the provisions of the Obligations Code and the Consumer Protection Act shall apply.
9.9. The buyer must notify the seller of a material defect in writing, either by letter sent by post to the company's registered office or by email: podpora@ekosen.si.
10.1. Legal instruction on withdrawal from a distance contract
The consumer has the right to withdraw from a distance contract without stating reasons within 14 days. The withdrawal period expires in 14 days:
– from the day when the buyer or a third party, who is not the carrier and is appointed by the buyer, acquires physical possession of the goods,
– from the day when the buyer or a third party, who is not the carrier and is appointed by the buyer, acquires physical possession of the last item of goods, if the contract consists of several items of goods ordered by the buyer in a single order,
– from the day when the buyer or a third party, who is not the carrier and is appointed by the buyer, acquires physical possession of the last shipment or item of goods, if the delivery of goods consists of several shipments or items,
– from the day when the buyer receives the invoice and warranty card in cases of installation performed by the seller or the seller's official installer.
10.2. To exercise the right of withdrawal, the consumer or buyer must notify the seller with an unambiguous statement, either by post to the official registered office of the company: EKOSEN d.o.o., Ptujska cesta 116, 2000 Maribor, or by email to: info@ekosen.si, of their decision to withdraw from this contract. For the withdrawal period to be observed, it is sufficient that the notification regarding the buyer's exercise of the right of withdrawal is in accordance with the deadlines stated in the previous point.
10.3. Effects of withdrawal from the contract:
If the buyer withdraws from the contract, the seller shall, without undue delay and in any case no later than 14 days from the day of receiving the notification of withdrawal, refund all received payments. The only cost borne by the consumer or buyer in connection with the withdrawal from the contract is the cost of returning the goods. The goods must be returned to the seller immediately after sending the notification of withdrawal from the contract (purchase) to the company's registered office.
The received goods must be returned undamaged, unused, in an unchanged quantity, and originally packaged, unless the goods are destroyed, damaged, lost, or their quantity has decreased without fault of the buyer. When returning items for which discount codes were used, these funds are considered a discount and are not refunded upon return. Only the paid amount is refunded.
With a 60% advance payment, the amount to be paid is reduced by 200.00 euros of earnest money. If the earnest money payment has not been made, a new offer with new payment terms must be prepared.
With a 100% advance payment, the amount to be paid is reduced by 200.00 euros of earnest money and includes a 3% general discount. If the earnest money payment has not been made, a new offer with new payment terms must be prepared.
Payment of 200.00 euros represents earnest money for the submitted offer. The buyer is obliged to pay the full amount of the offer for which they paid earnest money within 6 months from the date of earnest money payment. Upon payment of the full offer amount, the earnest money is included in the purchase price. If the full amount of the offer is not paid within 6 months from the date of earnest money payment, the buyer is deemed to have withdrawn from the contract. Either party to the contract may withdraw from the contract. The contracting parties agree that in the event of withdrawal from the contract, the earnest money functions as a cancellation fee. If the contracting party who gave the earnest money (buyer) withdraws, they lose it; if the contracting party who received the earnest money (seller) withdraws, they must pay double the earnest money amount (Article 68 of the Obligations Code).
Earnest money is valid only for individual buyers from the territory of the Republic of Slovenia.
12.1 The general VAT rate of 22% is applicable.
12.2 In the case of goods purchased by an individual with an included installation service, such a buyer is entitled to a reduced VAT rate of 9.5%, provided that the buyer is a Slovenian citizen and the installation is performed on a property located in Slovenian territory.
12.3 In the case of goods purchased by legal entities, the general 22% tax rate applies.
12.4. When legal entities purchase goods with an included installation service from the seller, the buyer is entitled to purchase goods according to Article 76.a of the VAT Act (ZDDV-1), and the tax payment obligation is transferred to the buyer.
13.1 Until full payment of all payment obligations by the buyer, the sold goods remain the property of the seller.
13.2 The buyer must store and handle the goods, for which the retention of title applies, in accordance with the diligence of a good householder or a good businessman. Any change in the location of the goods, as well as interventions by the buyer or third parties, especially potential seizures, must be immediately reported by the buyer to the seller in writing, in the case of seizure by submitting a copy of the seizure protocol. The costs required to remedy the consequences of seizures or interventions or delivery to the original location of the goods shall be borne by the buyer.
13.3 The buyer undertakes to protect the seller's right of ownership even if the sold goods are further handed over to third parties or if the goods are intended for third parties. In particular, the buyer must explicitly inform the subsequent recipient of the goods in writing about the existence of the seller's retention of title.
14.1 Any unforeseen difficulties during installation, caused by poor execution of the existing building and installations, will be charged additionally. The installation price includes connection in the room to the existing installation. In the case of a new installation, additional costs will be charged.
14.2. The buyer confirms that EKOSEN d.o.o. has informed them that the load-bearing capacity of the ceilings, to which the IR heating panels will be attached, is adequate and will statically bear the weight of the panels without any deformations or other negative impacts on the ceiling structure. The buyer confirms that the ceiling is made in accordance with the project documentation and valid technical norms and standards. The weights of the IR heating panels are stated in the offer.
The buyer is aware that EKOSEN d.o.o. and Ekosen's subcontractor – the installer/electrician – in case of installing IR heating panels on a ceiling (which is not reinforced concrete, but made of building materials with lower load-bearing capacity: gypsum boards, Knauf, Armstrong, wood, reeds, Monta, brick modules, etc.), assume no responsibility for the quality of the building material and the construction work performed before installation, nor for the load-bearing capacity of the ceiling after installation. In this case, the buyer assumes all responsibility in the event of a fall of the installed IR heating panel due to inadequate ceiling load-bearing capacity, and consequently also for any material or other damage incurred.
In the case of self-installation, the buyer assumes all responsibility in the event of a fall of the IR heating panel due to inadequate ceiling load-bearing capacity or unprofessional installation, and consequently also for any material or other damage incurred.
15.1. A complaint must be submitted in writing either to the email address: podpora@ekosen.si or by mail to the company's registered office: EKOSEN d.o.o., Ptujska cesta 116, 2000 Maribor, and it is mandatory to simultaneously inform the advisor/marketer who prepared the offer for the customer.
15.2. In the email or letter sent by mail, a copy of the invoice and a copy of the warranty certificate must be submitted simultaneously with the description of the complaint.
15.3 The time for resolving a complaint is determined by law.
The seller does not assume responsibility for any damage, delay, or deficiencies in the operation of the Ekosen IR heating system (IR panels and IR Sun regulators) and the IRSUN application, which are a consequence of force majeure or events that could not be influenced, prevented, or averted.
The personal data protection policy is published on the website of Ekosen d.o.o.
In accordance with the principle of extended producer responsibility, Ekosen d.o.o. fulfills its obligations arising from European Directives 2002/96/EC and 2006/66/EC, the "Regulation on waste electrical and electronic equipment" (Official Gazette of RS, No. 55/2015) within the framework of the joint waste electrical and electronic equipment management plan of Trigana d.o.o.
The symbol of the crossed-out wheeled bin on the product, its packaging, or in the instructions for use means that the device must not be disposed of by the buyer with mixed municipal waste and that it was placed on the market after August 13, 2005. It is the buyer's duty to hand it over to special collection points for separate waste collection within the local municipal service. The waste device or appliance can also be handed over to a retailer or distributor directly upon purchasing a similar product. By doing so, you comply with legal obligations and contribute to environmental protection. Separate collection and recycling of WEEE prevent the negative consequences of environmental pollution and the creation of health hazards that can arise from improper disposal of the product, and also enable the processing of materials from which the latter is made, saving energy and natural resources. If the product the buyer wishes to dispose of is still functional, hand it over to one of the reuse centers. This will extend its lifespan and prevent it from prematurely ending up as waste.
These general terms and conditions of business are valid and applicable from May 17, 2021.