Terms & Conditions

General Terms and Conditions of Business for smartenic s.r.o.

1. Scope of Application

These General Terms and Conditions (GTC) apply to all business relationships between smartenic s.r.o. (hereinafter "smartenic") and its customers (hereinafter "Customer"). The GTC apply in their version valid at the time of the Customer's order or in the version last communicated to the Customer in text form as a framework agreement, even for future contracts for the delivery of goods or services without us having to refer to them again in each individual case.

The Customer's terms and conditions are hereby rejected. This also applies if we do not expressly object to them again in individual cases.

2. Customer and Contract Partner

Our offers are directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following provisions apply exclusively to business transactions with entrepreneurs.

3. Offers and Conclusion of Contract

All our offers are subject to change and non-binding unless they are expressly designated as binding or contain a specific acceptance period. Orders or contracts only become binding upon our written confirmation or by delivery of the goods.

Product descriptions on our website do not constitute binding offers on our part, but serve to enable the Customer to submit a binding offer.

The Customer can submit the offer via the contact form integrated on our website. By clicking the submit button, the Customer submits a binding offer with regard to the goods contained in the inquiry.

We will confirm receipt of your inquiry immediately by automated email. This does not yet constitute acceptance of the offer. We can accept the offer within 14 days by sending a separate order confirmation or by delivering the goods.

4. Prices and Payment Terms

All prices are quoted in Euro (€) and are net prices plus the applicable statutory value-added tax, unless otherwise stated.

Prices are ex works (EXW) Dolná Krupá, Slovak Republic. Shipping, packaging, insurance and other ancillary costs will be charged separately unless otherwise agreed.

Payment terms are specified in the order confirmation. Unless otherwise agreed, invoices are payable within 30 days of the invoice date without deduction. The date of receipt of payment by us is decisive for compliance with the payment deadline.

If the Customer is in default of payment, we are entitled to charge interest on arrears at a rate of 9 percentage points above the base interest rate. The assertion of further damages caused by delay remains reserved.

5. Delivery and Delivery Time

Delivery times and dates specified by us are approximate and non-binding unless expressly confirmed as binding in writing.

The delivery period begins with the dispatch of our order confirmation, but not before the provision of any documents, approvals and releases to be obtained by the Customer and not before receipt of an agreed down payment.

Standard delivery time for our products is approximately 12 weeks from order confirmation, unless otherwise stated. For custom-configured products, delivery times may vary.

We reserve the right to make partial deliveries if this is reasonable for the Customer.

If we are prevented from fulfilling our obligations by force majeure or other unforeseeable events for which we are not responsible (e.g. operational disruptions, difficulties in procuring materials, transport delays, labor disputes), the delivery period will be extended accordingly. We will inform the Customer immediately about the occurrence and expected duration of such circumstances.

6. Transfer of Risk

The risk of accidental loss and accidental deterioration of the goods passes to the Customer when the goods are handed over to the carrier, freight forwarder or other person or institution designated to carry out the shipment. This also applies if partial deliveries are made or if we have assumed other services (e.g. shipping or installation).

If shipment or handover is delayed due to circumstances for which the Customer is responsible, the risk passes to the Customer from the day on which we are ready for shipment and have notified the Customer of this.

7. Warranty and Defects

The Customer's warranty rights are based on the statutory provisions unless otherwise stipulated below.

Warranty Period: The warranty period for our products is 1 (one) year from delivery, unless a longer period is expressly agreed in writing.

Notice of Defects: The Customer must inspect the goods immediately upon receipt and notify us of any defects in writing without delay, but at the latest within 7 working days of receipt of the goods. Hidden defects must be reported immediately after discovery.

Subsequent Performance: In the event of defects, we are entitled, at our discretion, to provide subsequent performance either by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). If subsequent performance fails, the Customer may, at their discretion, withdraw from the contract or reduce the purchase price.

Warranty claims do not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable operating materials or due to particular external influences which are not assumed according to the contract.

8. Liability

We are liable without limitation for damages resulting from injury to life, body or health based on a negligent or intentional breach of duty by us, our legal representatives or vicarious agents.

We are further liable without limitation for damages based on intent or gross negligence by us, our legal representatives or vicarious agents, as well as in the case of fraudulent concealment of a defect.

In the case of simple negligence, we are only liable for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely). In this case, liability is limited to the foreseeable, typically occurring damage.

Liability under the Product Liability Act remains unaffected.

Apart from the cases mentioned above, our liability is excluded.

9. Retention of Title

We retain title to the delivered goods until full payment of all claims arising from the business relationship with the Customer has been received.

The Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the Customer already assigns to us all claims against their customers arising from the resale. We accept the assignment.

If the Customer is in default of payment or violates the contract in any other way, we are entitled to withdraw from the contract and to demand the return of the goods.

10. Data Protection

We process the Customer's personal data in accordance with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR). Details can be found in our Privacy Policy.

11. Final Provisions

Applicable Law: The law of the Slovak Republic applies exclusively to all legal relationships between the Customer and us, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of Jurisdiction: If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Dolná Krupá, Slovak Republic.

Severability Clause: Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

Questions about our Terms & Conditions?

If you have any questions regarding our terms and conditions, please contact us:

smartenic s.r.o.
Email: office@smartenic.com
Phone: +43 800 007075
Last updated: November 2024