Terms and Conditions of Sale and Delivery of ALETA Ltd.

1. DEFINITIONS

• 1.1. ALETA – ALETA d.o.o. trading company, Tribanjska 2, 23000 Zadar, Croatia
• 1.2 General Terms – general business terms of ALETA company
• 1.3. Goods – any product from the sales range of ALETA company
• 1.4. Service – any service from the production and sales range of ALETA company
• 1.5. Buyer – any legal or natural person who has made contact with ALETA company in any way for the purpose of purchasing goods and services from ALETA company

2. APPLICATION OF GENERAL TERMS

• 2.1. These general terms and conditions apply to all relationships between ALETA as the supplier of goods and/or services and customers arising from concluded contracts, i.e. delivery of goods and services by ALETA, unless otherwise agreed by a special contract with the customer.
• 2.2. If no special written agreement between ALETA and the customer specifies otherwise, deliveries of goods and services by ALETA are made exclusively according to these general terms and conditions without them being separately agreed. The general terms become an integral part of the contract no later than at the moment of acceptance of the delivered goods by the customer, and together they constitute a single entity with which the customer agrees no later than at the moment of receipt of the goods.
• 2.3. In case any provision of these general terms and conditions is or becomes null and void, the statutory provision(s) achieving the closest intended economic purpose shall apply, but the nullity of individual provisions does not affect the validity of these terms and conditions or concluded contracts.
• 2.4. If certain matters are not regulated by the general terms and conditions, the Trade Act and the regulations on trader obligations shall apply.

3. DELIVERY OF GOODS, RISK TRANSFER AND OWNERSHIP

• 3.1. The buyer shall order the goods from ALETA in writing, by email, or through the B2C or B2B webshop, with a precise specification of the goods and services being ordered.
  For orders received by phone or orally, ALETA disclaims any responsibility for the accuracy of the ordered goods specification and will deliver and charge all goods according to such order without responsibility for accuracy of specification.
• 3.2. Upon receipt of the order, the buyer receives an order confirmation from ALETA with delivery terms.
• 3.3. The goods will be ready for pickup at the designated ALETA warehouse upon receipt of the official order from our customer within the timeframe confirmed during the offer or order.
• 3.4. ALETA provides free delivery exclusively for web orders over HRK 1000. Delivery of particularly heavy or bulky goods is not free and is subject to separate charges. Particularly heavy or bulky goods are those whose width, height, and length in total exceed 2000mm or where the value of the goods is less than HRK 1000/m3 and/or HRK 1000/30kg.
• 3.5. For goods with a net value below HRK 1,000.00, delivery can also be arranged at the buyer's expense, unless otherwise agreed with the buyer in writing.
• 3.6. ALETA does not unload goods at the buyer's location.
• 3.7. The goods are delivered or received at the ALETA warehouse, but alternative delivery or receipt locations may be arranged, in which case ALETA reserves the right to charge the buyer for transportation and other related costs. Goods for which notice of readiness for dispatch has been issued must be collected by the buyer immediately. Otherwise, ALETA has the right to dispatch to the known buyer's address or store, all at the buyer's expense and risk, at its own discretion. The same applies if dispatch cannot be made for reasons for which ALETA is not responsible. After notification of readiness for dispatch, the goods are deemed delivered and may be invoiced.
• 3.8. The type of transport, means of transport, transport route, type and volume of necessary protective measures, as well as the choice of carrier or transporter and packaging, are left to the choice of ALETA, unless otherwise agreed by contract. ALETA will make the selection according to its own judgment and customary care in business practice, with the exclusion of any special warranty.
• 3.9. Non-returnable packaging is included in the sales price. Pallets, transport containers, and returnable packaging are not subject to sale, and the buyer is obliged to return them to ALETA at their own expense and risk in a clean condition, immediately and without special request, otherwise ALETA will charge packaging costs.
• 3.10. The risk of accidental loss or damage to the goods passes to the buyer from the moment the goods are delivered to him, or when he takes possession of them. Delivery of goods to the buyer, or their receipt by the buyer, is considered the moment of delivery, or receipt of the goods by the buyer's carrier or the person authorized by the buyer to arrange transportation for him. Upon delivery of the goods to the carrier or transporter, but no later than upon leaving the factory or warehouse, the risk of liability passes to the buyer, unless otherwise agreed.
• 3.11. The buyer or another person from 3.10. will confirm receipt of the goods by signing and/or stamping the delivery note. ALETA reserves the right not to deliver the goods to the buyer if the delivery note is not signed. The buyer is obliged to inspect the goods for quantity immediately or present them for inspection as soon as possible, depending on the circumstances. If the buyer has changed the direction of transportation of the goods during transport, or has further dispatched the goods, without there being a reasonable opportunity to inspect the goods, and if the seller was aware of or should have been aware of the possibility of changing the direction or further dispatch of the goods at the time of conclusion of the contract, inspection of the goods may be postponed until the arrival of the goods at the new destination.
• 3.12. The delivered or taken-over goods remain the property of ALETA until the full purchase price is paid, and the buyer is authorized to dispose of the same goods only in the usual business manner (use, processing, and further sale) during that time. If the buyer delays the acceptance of the ordered goods or if the delivery will not be made before the full payment, and the seller holds or otherwise controls the goods, the seller is obliged to take measures to preserve the goods which are reasonable under the circumstances. The seller has the right to retain the goods until the buyer reimburses his newly incurred costs. If the buyer unreasonably delays the acceptance of the ordered goods for a long time, the seller has the right to take back or sell the goods, with prior notice to the buyer to reimburse the costs of storing the ordered goods.
• 3.13. Partial deliveries are allowed and are subject to agreement between the seller and the buyer.
• 3.14. If the buyer orders items that ALETA does not have in stock at the time of ordering, and the buyer has not indicated the desired delivery time on the order, ALETA will, at the request of the buyer, enter into the normal process of ordering from suppliers and delivery, and will deliver such items to the buyer as soon as the goods are produced and ready for delivery.
  Delivery deadlines not confirmed by ALETA are not binding on ALETA in any way; the goods will be delivered as quickly as possible, in accordance with regular business processes of procurement and delivery.
• 3.15. Circumstances preventing delivery or significantly complicating it, as well as actions and/or prohibitions of official bodies affecting the contractual relationship, exempt ALETA from the obligation to deliver the ordered goods and give it the right to withdraw from the contract if the occurrence of such circumstances could not have been foreseen and/or prevented or eliminated, or if they arose due to the buyer's omission.
• 3.16. The buyer cannot cancel the order without the written consent of ALETA. ALETA reserves the full right to deliver and invoice the ordered goods.
• 3.17. In case of delayed delivery of goods due to justified reasons caused by events beyond ALETA's control, such as problems in the production and transport process, cancellation is not possible without the prior written consent of ALETA. ALETA reserves the right to deliver and invoice the ordered goods.

4. QUALITY AND QUANTITY OF GOODS AND SERVICES

• 4.1. The delivered goods are manufactured according to the required standards and packed in packaging that prevents damage during transport, under normal use and storage conditions.
• 4.2. ALETA will, at the buyer's request, provide quality certificates and certificates from manufacturers that are standard for a particular type of goods, free of charge.
• 4.3. Upon delivery, or receipt of the goods, the buyer is obliged to inspect the delivered goods, and in case of visible defects, surpluses, or shortages, he is obliged to immediately notify the defects in writing, otherwise, he loses the rights that belong to him.
• 4.4. If there are hidden defects in the goods that the buyer could not detect during the acceptance of the goods by usual inspection, and which appear within 6 months from the delivery, the buyer is obliged to immediately notify the seller of them in writing; otherwise, he loses the rights that belong to him.
• 4.5. ALETA is not liable for any lost profit of the buyer caused by defects in the goods.
• 4.6. All documents from point 4 must be drawn up in writing, signed by an authorized person of the buyer, and certified with the buyer's seal, and must contain the exact indication of the date and number of the delivery note when the goods were delivered to the buyer, or when it was received. In the case of a hidden defect, when the defect is discovered, it is necessary to indicate the date of delivery, as well as a detailed description of the defect to which the buyer refers because otherwise, it will be considered that the buyer did not inform the seller of any defects in the goods.
• 4.7. ALETA replaces or eliminates the defect of the advertised goods according to the warranty conditions of the manufacturer.
• 4.8. ALETA is not liable for incorrectly ordered goods nor replaces them with others.
• 4.9. For product defects, ALETA transfers the manufacturer's product warranties and will repair or replace the goods within the warranty period according to the warranty conditions.
• 4.10. The buyer cannot return the advertised goods without the written consent of the responsible person of ALETA.
• 4.11. If ALETA finds that the complaint is justified, it will replace or repair the defective goods to the buyer as soon as possible. Upon lodging a complaint, the buyer must immediately bring the invoice according to which the goods were purchased, so that ALETA can make a replacement or financial approval for it.
• 4.12. ALETA accepts the return of goods only in the same condition in which they were delivered.
• 4.13. For additionally processed goods and goods that are not stored, returns/cancellations are not possible.
• 4.14. For any agreed-upon return of goods, we charge 30% handling costs. Agreed-upon return of goods can only be made exceptionally and must consist only of items that have been dispatched from ALETA's warehouse in the previous 12 months.
• 4.15. The value of goods subject to agreed-upon return cannot exceed 2% of the total contingent of goods delivered in the last 12 months.

5. PAYMENT TERMS

• 5.1. Prices are, unless expressly stated otherwise, freely formed and based on current cost factors. If changes in cost factors occur from the date of delivery, e.g., due to price increases in primary materials, transportation costs, or exchange rate changes >2%, ALETA reserves the right to adjust its prices accordingly.
• 5.2. In case of accepting bills of exchange, a discount (discounting) and incurred costs are charged; acceptance is possible only while retaining the right to request cash payment with the return of documents at any time. In case of accepting bills of exchange, no discount or bonus is granted.
• 5.3. In case of exceeding the payment due date, ALETA has the right to charge statutory default interest valid on the day the buyer exceeded the payment deadline, and interest accrues from the due date of the overdue amount until payment.
• 5.4. In case of late payment, all remaining open accounts or amounts of bills of exchange become due simultaneously, and from that moment are the basis for initiating enforcement proceedings. In case of non-compliance with payment terms or circumstances that may diminish the creditworthiness of the buyer, ALETA has the right to make all claims due, regardless of whether the deadline for payment of accepted bills of exchange has expired or not. ALETA has the right to execute the remaining deliveries only upon advance payment or providing guarantees. If advance payment or providing guarantees is not made upon the expiration of a reasonable deadline, ALETA has the right to withdraw from the contract regarding the remaining unfulfilled services with the consequence that all claims of the buyer regarding the remaining unfulfilled services cease.
• 5.5. Private individuals can make payments by bank transfer, credit cards, or online. Payment deferrals for private individuals are not possible.

6. DOCUMENTATION REQUIRED FOR CONTRACT CONCLUSION

• 6.1. The buyer is obliged to inform ALETA of any status changes, especially changes in name, address, and authorized person of the buyer, and the buyer's transaction account number, bankruptcy or liquidation filing, because otherwise, the buyer is liable to ALETA for damages.
• 6.2. This provision applies accordingly to the buyer who is not established under Croatian law or does not have a registered office in the Republic of Croatia.

7. DOCUMENT DELIVERY

• 7.1. All letters addressed to ALETA must be delivered to the address of the headquarters; otherwise, the delivery will not be considered regular.
• 7.2. All letters addressed to the buyer will be delivered to the buyer's address specified on the buyer's order, or to the electronic mailbox or fax. If the buyer refuses to accept the letter twice, the delivery will be considered regular.
• 7.3. If the buyer has failed to inform ALETA of changes from item 7.2, making it impossible to deliver the letter to the buyer, the delivery will be considered regular.

8. DISPUTE RESOLUTION

• 8.1. Croatian law applies to all relationships between ALETA and the buyer that are not regulated by a contract concluded between ALETA and the buyer and/or these general terms and conditions, especially the provisions of the Croatian Obligations Act, and only the court competent in terms of subject matter and territorial jurisdiction is competent, except in cases where another court's exclusive jurisdiction is established by valid Croatian regulations.
  These general terms and conditions apply from January 1, 2017, and are available from the sales staff as well as in the ALETA warehouse.