Terms & Conditions
BIAL GENERAL TERMS AND CONDITIONS OF BUSINESS AND SALE
A. GENERAL
1. Contractual Basis
1.1 BIAL's General Terms and Conditions apply to all partners and customers, both those bound by contract and others under agreements, deliveries and purchase orders, for both products and services. Deviations from the General Terms and Conditions between partners are not excluded.
1.2 The information contained in brochures, catalogues, advertisements, price lists or offer documents, drawings and illustrations, as well as technical data, weights, dimensions, shall conform to the BIAL industry standard, unless deviations are expressly stated in the order. All rights reserved to make any changes or adjustments to the designs or data.
1.3 The data of the partner companies in our records are used exclusively for business purposes and are processed only in accordance with the General Data Protection Regulation (GDPR) and the Personal Data Protection Act.
1.4 Partial deliveries are permissible if agreed with the partner.
1.5 Third party rights are not permitted and are unjustified. The assignment of rights and claims to third parties is only permitted with the written consent of BIAL.
1.6 If any provision of the General Terms and Conditions of general, business and sale become invalid for any reason, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect as against the end customer, client or partner.
2. Prices
2.1 Prices are based on fco. BIAL parity, loaded. For deliveries with a total value of less than €2,000.00, BIAL reserves the right to charge additional logistics costs. If necessary, BIAL also reserves the right to charge special additional costs for packaging and protection of the products, as well as any additional costs in connection with oversized packages, depending on length and weight, and any out-of-series designs of the finished product.
2.2 If the prices on the date of delivery are not reflected in the accompanying documentation, then the prices in the current price list shall apply and it is therefore sufficient to refer to all prices as the "currently valid prices". If there is a significant increase in labour costs or a significant increase in the cost of materials, BIAL reserves the right to adjust the prices of the finished products.
3. Payment Terms
3.1 The purchase price and payment shall be irrespective of any defects in the goods received, which must be reported no later than 8 days after receipt of the goods. Payments are due no later than 30 days from the invoice date, regardless of the date of receipt of the goods. All payments shall always be posted in the order of the oldest receivable, followed by interest and then any other costs arising from business between the partners.
3.2 No deductions from payment shall be allowed. BIAL reserves the right to a lien up to the amount of the outstanding contractual claims. The agreed cash discount may only be calculated if all the conditions for this are met and, of course, all other contractual obligations under this or previous contracts are also met.
3.3 In the event of late payment or non-payment, interest shall be charged in accordance with the Bank of Slovenia's statutory default interest rate, or at least 8%. Withheld payments due to damage to the products must be fully documented and approved by BIAL.
3.4 Our receivables are payable regardless of any other changes and conditions with the buyers and are payable immediately on the due date, regardless of any decreased creditworthiness of the buyer. In the event of non-payment by the buyer, BIAL reserves the right to prohibit the sale of BIAL Products by the buyer and to take possession of the same for return to the supplier, i.e. BIAL. The goods shall remain the property of BIAL until payment is made and shall therefore not be subject to any other rights of seizure, confiscation or the like by other legal entities against the buyer. The returned goods may be used by BIAL for resale and the purchase price may be used to reduce the partner's liabilities to BIAL.
3.5 BIAL may claim as compensation for default 30% of the value of the goods in the financial year. This compensation cannot and should not, of course, be levied if the partner has proved that the non-fulfilment of the obligations arose from damage or a claim
B. OWNERSHIP RIGHTS AND JURISDICTION
4. Retention of title
4.1 All products remain the property of BIAL until all invoice obligations have been settled.
4.2 In the event of overdue receivables, the Buyer may sell the goods with the consent of BIAL, provided that the purchase price is paid into a BIAL business account.
4.3 BIAL may claim the right to receive payments from the sale of the products up to the amount of the overdue receivables, and is therefore the co-owner of the goods with the partner up to this amount. The sale of goods of which BIAL is a co-owner shall cover the liabilities up to the amount of any claims, or BIAL shall be a co-owner of the goods up to the amount of the claims.
4.4 In relation to damage to the goods, reduction in the value of the goods, loss or destruction or detention of the goods, the value or amount of the title is not reduced. The right of co-ownership shall always be summarised at the full, delivered value of the goods at the buyer's premises.
4.5 The customer or the buyer is obliged to notify BIAL immediately in the event of seizure, confiscation, or other alienation of or interference with BIAL's goods by third parties. BIAL shall have the right, in particular in the event of default of payment as provided for in the Contract, to exercise its right of ownership and to repossess the goods at the buyer's expense. In such case, the customer or buyer shall immediately arrange for the return of the goods.
4.6 Retention of title and all of the foregoing terms and conditions shall apply until buyer’s obligations to the BIAL have been fully settled.
5. Place of business and responsibilities
5.1 The place of performance of our deliveries shall be BIAL's head office in Celje, or its warehouse. Payments are deemed to have been made once the inflow has been confirmed by our bank.
5.2 The only competent court is the court in Celje. All contractual disputes are settled in the court in Celje. In the event of a lawsuit by BIAL, it shall be allowed to take place at the registered office of the buyer, but at the option of BIAL.
5.3 Slovenian law shall apply.
C. DELIVERY, DEFECTS IN THE GOODS, WARRANTY
6. Delivery deadlines
6.1 The delivery deadlines given by BIAL are to be considered as approximate. Dates and deadlines are always confirmed separately and at the buyer's request. BIAL reserves the right to extend the delivery deadline within the contractual limits, provided that this does not violate other agreements with the buyer. Partial deliveries are permitted.
6.2 The time of delivery shall be confirmed in writing, or only a dated written confirmation shall be valid. If the ordered goods are not collected within the agreed time limit, BIAL reserves the right to charge for storage at the buyer's expense. From the date of commencement of storage, the goods shall be deemed to have been accepted by the buyer and all statutory time limits for other legal consequences, such as time limits for payment, claims, etc. shall begin to run.
6.3 Delayed acceptance of the goods by the buyer may be charged by BIAL as compensation for each full week of delay in the amount of 0.5% of the value of the order, up to a maximum of 5% of the value of the order in total.
6.4 Claims for damages by the buyer due to delayed delivery shall only be taken into account in the event of specifically proven damage to the buyer in writing. The amount of compensation is determined on a case-by-case basis. Cancellation of the order by the buyer must be in accordance with the legal provisions and is only possible if the delay in delivery is genuinely the fault of BIAL.
6.5 The buyer is obliged to confirm in writing that it accepts delivery in the event of delay at the request of BIAL.
6.6 All unforeseen and extraordinary events causing delay, in particular strikes, traffic congestion, supplier failures, machinery breakdowns and similar events which are not our direct responsibility, shall not be considered as delay and shall not be counted as the period of delay. In any event, BIAL is obliged to inform the buyer immediately in order to minimise any consequences.
7. Transfers of risks and acceptances
7.1 Risks in respect of the goods shall be transferred to the buyer at the time the goods are shipped or accepted at BIAL's warehouse. Transport damage must be confirmed by the carrier in writing upon receipt of the goods.
7.2 In the event of timely collection of the goods at BIAL's warehouse, all risks related to deadlines and deliveries, as well as damage, shall pass to the buyer.
7.3 The buyer shall wait for and collect the ordered goods as well as arrange for the unloading of the consignment. Otherwise, all work related to waiting, unloading, loading, storage or return to the BIAL warehouse will be charged to the buyer. Transportation damages shall be confirmed in writing by the carrier upon receipt of the goods.
7.4 The buyer shall not be entitled to refuse acceptance of shipments due to minor defects.
8. Complaints or defects in the goods
8.1 If the buyer claims a defect within the applicable warranty period, BIAL undertakes to rectify the defect in accordance with all legal obligations and rules. BIAL's proposal and choice of rectification of the defect shall be taken into account, ranging from the possibility of repair to the replacement of the goods. Warranty obligations shall be settled by replacing the defective product, which must be returned for testing accompanied by description of the defect or the foreseen defect. Any reimbursement of costs, damages or indemnities are excluded. The repair shall be carried out within a reasonable time. The buyer must be informed of how the complaint will be resolved. In the event of a different solution, the buyer shall be liable to pay the higher costs, if any. Any transport costs are not reimbursable by BIAL. The warranty period starts from the date on the invoice of the customer or end user of the product.
8.2 The warranty period is 1 to 5 years depending on the type of product. This does not apply if the law provides for longer time limits, or if there is intentional or gross negligence or a breach of the duty to handle the product or, last but not least, an attempt to fraudulently conceal a defect. The statutory provisions remain unaffected.
8.3 All defects must be notified immediately in writing by the buyer, but no later than 8 days after receipt of the goods.
8.4 The buyer shall not be entitled to withhold payment in respect of a claim if it has not yet been acknowledged by BIAL. Payments may only be withheld to the extent reasonable in the light of the defects and, of course, with the written consent of BIAL. If the complaint is unjustified, BIAL shall be entitled to claim reimbursement of the costs incurred from the buyer to resolve the complaint.
8.5 The settlement of claims for damage to the products is specifically excluded in the event of damage arising from the following causes: improper or incorrect use, improper installation or commissioning by the buyer or third parties, wear and tear or defects due to negligent handling, use of unsuitable equipment, substitute materials, poor quality construction work, chemical, electrochemical or electrical influences, incorrect installation, improper handling during installation, insofar as these are not due to the fault of the product itself. The same applies to modifications or repairs carried out or performed incorrectly, unprofessionally or without our consent by the buyer or a third party.
8.6 The warranty does not cover minor deviations from the agreed quality which do not affect the function of the final installed product.
8.7 Claims arising from retrofitting, transport costs, travel costs, labour and material costs are excluded, unless the costs are incurred solely as a result of the actual need to inspect, move or repair the product and, of course, initially approved by BIAL.
9. Claims for damages
9.1 Any reimbursement of costs in proceedings with the customers for any legal reason is excluded, including in the event of a breach of obligations under the contract of legal proceedings for compensation.
9.2 This does not apply in the event of damage arising as a result of BIAL's liability, in the event of intent, gross negligence and injury to the user, damage to human health or material breach of contractual obligations. In the event that the contrary is proved, the use of evidence at the expense of the buyer or the claimant shall not be excluded and reimbursement of any costs incurred by BIAL shall be sought.
9.3 The compensation for legal costs claimed by the buyer shall be subject to the applicable limitation periods for defects. Claims for damages under the Product Liability Act are subject to statutory limitations.
9.4 The exclusion of claims for damages also applies to consequential damages caused by faulty installation, use, mishandling or damage during installation.
D. GENERAL TERMS AND CONDITIONS OF USE OF THE BIAL WEBSITE
10. Introduction
10.1 www.bial.si, www.everythinginplace.eu, www.boilermanifold.com are websites operated by BIAL, d.o.o., Trnoveljska cesta 2G, SI-3000 Celje, Slovenia.
10.2 The information brought together on these websites about activities, sales programme, product descriptions and third parties has been prepared with care and accuracy. Nevertheless, there is a possibility that errors occurred while entering the content or on the website, for which we apologise to website visitors.
10.3 If you have noticed an error, please notify us by email at info@bial.si.
11. Content
11.1 All content on the website is for information purposes only and is intended primarily as a source of information. The website owner undertakes to do everything in his power to ensure that the information on the website is true, reliable and of high quality. However, by doing so, it does not make the company responsible for any typing errors and for the delays and shortcomings in entering up-to-date information.
12. Inquiries/Orders
12.1 An inquiry/order may be submitted via the internet, namely 24/7.
12.2. The time to process, transfer and deliver the consignment is specified for each individual product by a delivery code (A, B, C), which is listed in the BIAL product price list. Orders received on a Saturday, Sunday or on a national holiday shall be processed the first following business day.
13. The process of making an inquiry/purchase
13.1 Making an inquiry/purchase in our online shop www.bial.si or www.everythinginplace.eu or www.boilermanifold.com is simple and convenient. Inquiring and purchasing, as well as product display, is simple as you can use the configurator to find the product you want.
13.2 When you select a product you are inquiring about, click "Continue" and continue your inquiry/purchase with Step 2. When your inquiry/order contains the desired number of items, fill out the form for inquiry/purchase.
13.3 BIAL will process accepted inquiries/order as irrevocable. With each inquiry/order, you will receive confirmation of the inquiry/order by e-mail, or a notice that the inquiry/order is being processed. In the event of an error during purchase, the buyer can simply correct the order, replace the item or cancel the inquiry/purchase.
13.4 Payment by a pro-forma invoice after the offer was issued by BIAL or its partner.
13.5 Steps of the purchase process:
Step 1 > Product selection in the configurator. Select the product you wish to purchase in the configurator and click on the "Continue" button.
Step 2 > Overview of the ordered products and the possibility of adding after-sales services
Step 3 > Entering the customer’s – payer's data and confirmation of the inquiry/order
Step 4 > You will receive a confirmation of the successfully submitted inquiry/order to the entered e-mail address.
13.6 Payment methods. The provider enables the following payment methods; Payment by pro forma invoice (The customer is sent an offer through the electronic message through which the customer settles his purchase. We shall deliver the ordered goods immediately after we receive the transfer to our bank account.)
14. Prices
14.1 All prices in the online shop are in euros and include VAT (value added tax). Current prices apply to all orders. The price applicable at the time of confirmation of payment will be taken into account for the purchase.
14.2 Currently quoted product prices apply, which can be changed without prior notice.
15. Delivery of goods
15.1 If the customer and BIAL also agree on the deliver of goods during the sales process, the latter shall be delivered by a package delivery of the Post Office or any other company engaged in package delivery.
15.2 Personal collection; you can also collect the goods in person at our company address: BIAL, d.o.o., Trnoveljska cesta 2G SI-3000 Celje. Personal takeover is possible during the working hours of the company. In addition to collecting the ordered goods, you can also take the opportunity to speak to our experts at the collection point, who will be happy to advise you on any questions you may have regarding installation, use and other information.
15.3 Withdrawal from the purchase and the return of goods; in compliance with Article 43 of the Consumer Protection Act, the customer may, within 14 days of receipt of the goods, inform the supplier of the withdrawal from the contract or order in writing, namely to the e-mail address info@bial.si. The customer has the right within 14 days of receipt of goods to inform the company of the withdrawal from the contract without being required to state a reason for its decision. It is considered that the notice of withdrawal from the order is timely if it is sent in writing within 14 days following the receipt of goods. The only cost charged to the consumer in respect of withdrawal from the contract, is the direct cost of returning the goods. The goods must be returned to the company no later than 14 days after receipt of the goods.
15.4 In case of withdrawal from the contract, the company shall return all payments received immediately or no later than within 14 days after receipt of the notice of withdrawal from the contract. The company shall return received payments using the same payment method as used by the consumer, unless the consumer explicitly requested the use of another means of payment and if the consumer does not bear any costs due to this.
15.5 When returning the goods, a copy of the original invoice must also be enclosed. You can download the Returns Form here: Returns Form
15.6 Address for returning the goods: BIAL, d.o.o., Trnoveljska cesta 2G, SI-3000 Celje, Slovenia.
16. Warranty, complaints and product returns/replacement
16.1 All products are inspected prior to shipping and are shipped undamaged. We will carefully pack your products in a shipping box to ensure that they reach you undamaged and in their original packaging.
16.2 The buyer may lodge a complaint about the goods if the goods do not have the properties that the seller promised explicitly, if the seller sent the wrong products, in the wrong quantity, colour or they otherwise differ from the buyer's order.
16.3 In the event of a claim, the buyer may, subject to legal limitations, request the replacement of the goods, the repair of the goods or the return of the purchase price. In the latter case, the seller reserves the right to charge rent for the time the goods have been used by the buyer according to the applicable price list, but not more than the amount by which the market value of the goods has decreased during the period of use and as a result of the use.
16.4 The buyer may return the goods for claim by bringing them in person or by returning them by post to the seller's address, at the seller's expense, and by prior agreement with the seller
.
16.5 In compliance with Article 37 of the Consumer Protection Act, the customer is entitled, in the event of a defect in the product to require the company to replace the defective product with a new flawless product or to refund the amount paid or to remedy the defect on the product or return part of the amount paid in proportion to the defect.
16.6 The time limit for replacing products is 14 days. The replacement of products is possible only upon submission of an invoice or copies of the invoice.
17. Material defects
17.1 The consumer may exercise their rights in terms of material defect, if they inform the seller of the defect within two months from the day the defect was discovered. In the notification of defect, the consumer must describe the defect in detail and enable the seller to examine the product. The notification of defect can be communicated by the consumer to the seller in person, whereof the seller must issue a certification, or send it to the store where the product was purchased, or to the seller’s agent with whom the contract was concluded.
17.2 The seller is not liable for material defects in the goods which become apparent after two years have elapsed from the date of delivery of the goods. It is considered that the defect on the item existed at the time of delivery if it occurred within six months of the delivery. The consumer's rights referred to in the first paragraph are subject to extinction after the lapse of two years from the date on which the seller was informed of the material defect.
18. Dispute resolution
18.1 The court in Celje shall have jurisdiction to resolve any disputes that may arise.
18.2 Out-of-court settlement of disputes; in compliance with the general terms and conditions of use of electronic communications services, the company BIAL does not recognise any provided of out-of-court dispute settlement to be competent for settling a consumer dispute, which was initiated by a private user in compliance with the Out-of-Court Resolution of Consumer Disputes Act.
18.3 BIAL publishes on its website an electronic link to the Online Consumer Dispute Resolution Platform (OCDRP). The platform is available electronically at http://ec.europa.eu/odr
18.4 The regulation arises from the Out-of-Court Resolution of Consumer Disputes Act and the Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes.
19. Safety
19.1. Privacy and protection of data; BIAL undertakes to protect your privacy. All personal data of the online shop user is confidential and will not be disclosed to unauthorised persons under any circumstances.
19.2 You can visit most of the pages in our online store without having to disclose your personal information, such as your name, address and e-mail address. Nevertheless, some information is obtained automatically by using cookies and web beacons (“pixel tags”), standard tools in the web industry. The use of cookies and web beacons allows us to recognise your IP address, type of browser you are using, and your general activity online.
19.3 We need your personal data to inquire/purchase in our online shop. The information that you provide to us shall not be disclosed to third parties, except for the purposes of confirmation of validity of the purchase with a payment card, delivery of products, marketing and promotion. BIAL takes all necessary measures to protect the confidentiality of personal data.
19.4 You can view, edit, or delete your personal information, and you can also unsubscribe from receiving news. Please send an email to info@bial.si to opt out of receiving the newsletter.
19.5 The user himself or herself is also responsible for the protection of personal data, namely by ensuring the security of their user name and password, and the appropriate software (antivirus) protection of their computer.
19.6 Use of cookies; on the website we use cookie technology, which enables us to track users’ paths through the website, registration of user activities on this site, and to evaluate and improve the website in order to make it as user-friendly as possible. You can set up your web browser by turning off the cookie option, or by alerting you when cookies are sent.
19.7 We provide a consent notice on the website and inform the user accordingly about the options for setting cookies. Without express consent we do not use cookies on the website which requires user consent for installation. We provide the possibility of subsequent changes to the user's consent by keeping the notice in a visible place on the website.
19.8 Types of cookies, their purpose and duration; cookies are small files uploaded to your computer. The website uses cookies as defined below
|
Cookie name |
Purpose of the cookie |
Duration |
|
Piwik Analytics |
Statistics of page views. |
Until the user is deleted or 36 months after the website visit |
19.9 All browsers allow you to control cookies. Access to cookies settings in a selected browser is described below:
• Microsoft Internet Explorer: Start button > Internet Explorer > Tools > Internet Options > Privacy > Settings
• Mozilla Firefox: Firefox menu > Preferences > Privacy
• Google Chrome: Chrome menu > Settings > Show advanced settings > Privacy > Content settings > Cookies
• Apple Safari: Safari > Preferences > Security
• Opera: Opera > Preferences > Advanced > Network
19.10 In the event that you upgrade your browser or device with a new version, the cookie setting must be re-edited.
19.11 Temporary disablement of web cookies; the fastest and easiest way to prevent online cookies from being stored on all web browsers is to use the “private window”. Private browsing allows us to visit the web without the web browser storing any information about the pages we have visited.
19.12 Personal data/user data; personal data is any data relating to an individual: first name, last name, age, address, e-mail address, telephone number and similar information.
19.13 The information you provide to the website owner through the website will be used solely by the website owner for the purpose of promotion or activities of BIAL.
19.14 In accordance with the nature of such information, the website owner makes every effort to ensure that personal data is collected, transferred and stored securely. The website owner shall not forward your personal information to third parties, either legal entities or natural persons other than the companies that ensure the functioning of websites. You can exercise the right of access, to rectification or revocation of authorisation to use your personal data at any time.
19.15 The website also contains links to third-party websites. BIAL assumes no responsibility for respecting privacy and content on these websites or pages.
19.16 Controller; data controller within the meaning as defined by the EU General Data Protection Regulation and applicable law regulating personal data protection – GDPR, is: BIAL, d.o.o., Trnoveljska cesta 2G SI-3000 Celje, e-mail: info@bial.si
19.17 Personal data processing; personal data is also processed by our processors, which are trustworthy companies that are registered for their activity and ensure the adequate level of personal data protection. Processors process your personal data based on our instructions and solely on our behalf.
19.18 The processing of personal data means any activity performed in connection with personal data, in particular the collection, acquisition, subscription, editing, storage and adjustment or modification, recall, insight, use, disclosure by transmission, communication, dissemination or other making available, classification or association, blocking, anonymisation, deletion or destruction. The processing may be manual or automated.
19.20 The type, basis and method of processing your personal data in particularly depends on the purpose for which your data is processed.
20. Processing of personal data for the purposes of providing information
20.1 The consent to receive electronic news on current content and other events of our company applies until revoked and includes:
• The use of data for sending occasional e-newsletters about current events
• Promotion of promotional items and special offers
• Presentation of new products and solutions
• The use of data for sending occasional other content such as reports from events (fairs, invitations, etc.)
21. Privacy policy
21.1 In certain places of the websites www.bial.si and www.everythinginplace.eu and www.boilermanifold.com, the company BIAL collects some personal data of users, exclusively at that time when users themselves allow or consent to it through various contact forms on the website.
21.2 By completing the newsletter sign-up form, users agree to sign up to receive the e-newsletter.
21.3 The company carefully protects users' personal data, which means that:
• It will not misuse users' personal data in any way
• It will not pass on personal data to unauthorised third parties
• The users can unsubscribe from receiving any of the company's emails at any time
22. Retention period of personal data
22.1 The company stores the obtained personal data for as long as necessary for the purposes of sending the contents to which you applied or subscribed, or until revocation of retention of personal data by the user. The user may at any time by written notice to the company’s address or via e-mail info@bial.si request that the company permanently or temporarily ceases to use his or her personal data for the purpose of direct marketing.
23. Your rights
23.1 A person may at any time unsubscribe from receiving news, namely by clicking on the marked link in the received e-mail. A person may at any time request from the data controller to permanently or temporarily discontinue the use of its personal data for the above stated purposes. Such a request may be made at any time by email to info@bial.si, specifying which consents you wish to withdraw.
23.2 In add