GENERAL TERMS AND CONDITIONS
TOTTER MIDI a company for production and research, development and trade, d.o.o., Mengeš Muljava 6, SI-1234 Mengeš
Registration number: 5880530000
Tax number: SI 65952014
About the company
TOTTER MIDI is a company for production, research, development and trade, which deals with the development, sale, instalation and servicing of electronics – MIDI systems for accordions.
1. General terms and conditions
1.1. General terms and conditions of TOTTER MIDI d.o.o., Mengeš, Muljava 6, SI-1234 Mengeš (hereinafter referred to as TOTTER MIDI) are an integral part of all the contracts between TOTTER MIDI and customers (hereinafter referred to as clients) operating with TOTTER MIDI.
1.2. TOTER MIDI is an operator of website and online store www.totter-midi.com (hereinafter also as website).
1.3. Provisions of general terms and conditions apply to all offers, pro forma invoices, pre-contracts, legal statements and other services resulting from the operation between TOTTER MIDI and the client.
1.4. The general terms and conditions are compiled in accordance with the Consumer Protection Law (ZVPot), the Personal Data Protection Law (ZVOP-1), the General Data Protection Regulation (GDPR) and the Electronic Communications Law (ZEKom-1).
1.5 The general terms and conditions determine the operation of the TOTTER MIDI’s online store, the rights and obligations of the user of the online store and govern the relationship between TOTTER MIDI and the client. The general terms and conditions also govern individual purchases at TOTTER MIDI’s delivery points.
1.6 TOTTER MIDI operates at its business address Muljava 6, SI-1234 Mengeš.
1.7 Clients can also contact TOTTER MIDI by phone at the number 00386 1 7237 000 or by e-mail email@example.com
1.8. Use of terms:
1.8.1. Client is a natural person or legal entity, which is in a business relationship with TOTTER MIDI, regardless of its legal status.
1.8.2. Consumer is a client that is a natural person who obtains or uses TOTTER MIDI’s goods or services for personal purposes or for purposes outside his professional or acquisitionalactivity.
1.8.3. Offer is a unified term for an offer in a variety of forms, a pro forma invoice or other form of a proposal for the conclusion of a contract offered by TOTTER MIDI to the client.
1.8.4. Purchase order is a document, in writing, in electronic form or a different notice with which the client communicates its request and / or pro forma invoice and / or conclusion of the contract.
1.8.5. Contract is a written agreement between TOTTER MIDI and the client. A pro forma invoice sent by TOTTER MIDI to the client which is then accepted or confirmed by the client is also considered to be a conclusion of a contract offer. The general terms and conditions are an integral part of each contract.
1.8.6. Subject of the contract are goods which can be all products from the sales catalogue of TOTTER MIDI.
1.9. The delivery theory shall apply to informing the client of the delivery, conclusion, withdrawal or modification of the contract and any other information. This means that the date of delivery is the date on which TOTTER MIDI dispatches a notice by means of communication.
1.10. All notifications to clients relating to the supply of the subject of the contract, conclusion, withdrawal or other information shall be made by TOTTER MIDI via e-mail to the address provided by the client. TOTTER MIDI also informs clients via regular mail, telephone or other means agreed upon with the client. TOTTER MIDI records all messages.
2. Use of general terms and conditions
2.1. The general terms and conditions are preferential, therefore they completely replace the missing, different and contradictory contractual terms between the parties.
2.2. The general terms and conditions replace any general terms and conditions or other documents of the client, unless TOTTER MIDI expressly agrees so.
2.3. The general terms and conditions constitute an integral part of the contracts concluded between the client and TOTTER MIDI. By signing a contract or by other means of entering into a contractual relationship, the client fully agrees with the content of the general terms and conditions. The client hereby explicitly recognizes that the TOTTER MIDI’s general terms and conditions exclusively apply to all mutual legal relationships. If the client wishes to conduct business and take part in contractual relations with TOTTER MIDI, it is obliged to accept the general terms and conditions in full and in the form in which they are in. Client waives its possibility to influence the content, form, and individual contractual terms of the general terms and conditions..
2.4. The general terms and conditions apply in addition to general legal regulations as an individual special act.
2.5. The general terms and conditions are always available on the web: www.totter-midi.com. They are also available at TOTTER MIDI’s business address.
2.6. By signing the contract or other legal act, the client is considered to be fully acquainted with the content of the general terms and conditions.
2.7. The general terms and conditions are binding on the consumer only if the consumer was given an explicit notice regarding the existence of such general terms and conditions before the conclusion of the contract, pro forma invoice, pre-contract or offer. The consumer must be aware of all the possibilities to be fully informed with the general terms and conditions, in a comprehensible and accessible way.
3. Modifications to general business terms and conditions
3.1. TOTTER MIDI undertakes that any modification to the general terms and conditions will be published on the website: www.totter-midi.com with the exact date on which the modification took effect.
3.2. The general terms and conditions are binding in relation to the form and to the content that was available to the parties on the day of the conclusion of the contract.
3.3. In the event of modification of the general terms and conditions, such modifications shall become binding for the client on the day they become known to it.
3.4. The client is deemed to be aware of the modifications at the time of the publication of such modifications on the website www.totter-midi.com and upon receiving the notification of such modification. This means that the client agrees with the modification of the general terms and conditions.
3.5. If the client makes a statement that it does not agree with the modified terms and conditions, TOTTER MIDI has the right to withdraw from the contract.
3.6. In the event that a single clause in the contract or general terms and conditions would be invalid or unfeasible or if a legal vacuum would arise, this does not affect other provisions in the contract or general terms and conditions, whereby the parties are unanimous, that instead of the invalid or unfeasible or non-existent provision, a provision that is closest to the purpose or goal of the contract applies.
4. Collision of legal provisions
4.1. In the event that the general terms and conditions are contrary to other terms and conditions of TOTTER MIDI, the provision that is more specific in the case at hand applies.
4.2. TOTTER MIDI and the client may exclude the application of specific provisions of these general terms and conditions, if these provisions are in breach with the terms of the contract or with the general purpose of the contract.
4.3. In so far as the general terms and conditions are contrary to consumer protection legislation (clients that are natural persons), relevant consumer legislation is applied in this part.
5. General provisions
5.1. The client is obliged to notify TOTTER MIDI of all information and facts relevant for the establishment and continuation of the legal business relationship. Particularly important information is changing the place of residence or the client’s seat, changing the legal organizational form of the client, the appearance of a situation indicating insolvency of the client irrespective of whether the legal conditions for introducing bankruptcy or compulsory settlement are provided and other data, events and situations that may affect the legal business relationship between TOTTER MIDI and the client.
5.2. TOTTER MIDI collects and processes the following personal information of clients: names and surnames, legal entities, payment information, electronic and home address and a telephone number. TOTTER MIDI collects data in the event of an online purchase, for issuing an invoice and for dispatching the ordered product, and upon subscribing to e-news and other e-publications.
5.3. All specifications and information relating to weight, dimension, price, volume, technical or other data listed in catalogues, offers, advertisements, photographs, pricelists, or other similar forms shall be considered only as guides or information, which are not necessarily accurate and binding. Such information does not in any way represent a binding offer for the TOTTER MIDI. The client cannot refer on such forms of recordings or advertisings, since this applies only for the specific offer or for an already concluded contract.
5.4. TOTTER MIDI reserves the right to modify the specificity or information that is referred in this point, without prior notice to the client and shall be only binding if they are specified in the contract.
5.5. When conducting business with consumers, TOTTER MIDI is bound by price, product characteristics and warranty terms stated in the advertisements. The prices in advertising messages are indicated in euros and include VAT.
5.6. Technical data and products that are subjects to sale can be changed and improved without prior notice, which also applies for the already ordered products.
5.7. Users who want to unsubscribe from receiving e-news can do so, by going to firstname.lastname@example.org or by clicking on the “unsubscribe” link in the footnote of every e-newsletter.
6.1. The prices shown on the web site www.totter-midi.com can be changed without prior notice. Prices are valid at the time of the ordering.
6.2. If the final price cannot be calculated in advance due to the nature of the goods or services, TOTTER MIDI will inform the client of the method of calculating the final price.
6.3. In the event that the price information is incorrect, or the prices change during processing of the order, the client has the right to withdraw from the contract.
6.4. In the case of product delivery, the standard packaging is included in the price of the product. TOTTER MIDI additionally charges for extra transport packaging and for extra transport costs, at the price specified in the price list or agreed by TOTTER MIDI and the client. Such prices do not include any additional TOTTER MIDI services.
7. Delivery periods and conditions
7.1. TOTTER MIDI undertakes that the ordered goods will be delivered within 10 days if in stock.
7.2. If the goods are not in stock, the delivery period is 30 days.
7.3. If a longer time is needed for the dispatchment of the goods, this is indicated on the website. In the event that TOTTER MIDI cannot dispatch the goods, due to unpredictable reasons of the goods, within the promised period, they shall notify the new delivery period via their contact details.
7.4. The delivery takes place in cooperation with the delivery services of GLS, UPS and Post of Slovenia. The normal delivery period is 3 working days for addresses in the Republic of Slovenia. During holidays and during weekends, the delivery period between work-free days is extended adequately.
7.5. TOTTER MIDI is not responsible for the supply of goods, over which it has no control. TOTTER MIDI will endeavour to do everything necessary to deliver the goods as quickly as possible and to keep the client regularly informed about possible delays in the delivery, incurred by the supplier. TOTTER MIDI is not responsible for the delay or possible non-deliverability of certain goods if the reasons for this are on the supplier’s side.
7.6. In case the client does not receive the ordered goods within the agreed deadline, TOTTER MIDI must call on the fulfilment of the obligation and set an additional deadline for fulfilling the obligation. If TOTTER MIDI does not fulfil the obligation within the additional deadline, the client can withdraw from the concluded contract and request repayment of the already paid amounts for the purchase of goods.
7.7. TOTTER MIDI is not responsible for the delay or non-delivery of goods in the event of wars, riots, demonstrations, government interventions, fires, floods and other natural disasters, import or export embargoes or any other similar reasons or reasons of force majeure over which TOTTER MIDI has no control.
7.8. For all the reasons mentioned above, the delivery time is suspended for the duration of the above-mentioned situation, and after the situation has elapsed, the delivery deadlines will continue to run from their discontinuance forward.
7.9. In the event that after the conclusion of the contract or after the confirmation of the offer by TOTTER MIDI, the client changes the orders, TOTTER MIDI must approve such changes.
7.10. All clients and consumers are also enabled to personally accept the products.
8.1. TOTTER MIDI accepts the following payment methods:
· with cash at acceptance of the products,
· by bank transfer to the TOTTER MIDI account,
· with a payment or credit card,
· by pro forma invoice.
8.2. After the delivery of the ordered goods, TOTTER MIDI sends the invoice to the buyer in the .pdf format to its e-mail address. In the case of personal acceptance at the delivery point, the buyer receives a printed invoice for the purchased goods upon their acceptance.
8.3. The invoice contains the price and all the costs associated with the purchase.
8.4. The buyer is obliged to verify the exactness and correctness of the data before the order is submitted. TOTTER MIDI will not take into consideration objections regarding correctness of such invoices later in the future.
8.5. The request to issue a pro forma invoice can be submitted on clients’ own initiative and separately from the order. The request to issue a pro forma invoice can also be submitted in the conclusion of the process of an online order. Such pro forma invoice will be automatically transmitted in .pdf form.
9. Acceptance of goods
9.1. The client is obliged to accept the subject of the contract within 14 days after the receipt of a written notification from TOTTER MIDI.
9.2. If the client does not accept the ordered items that were sent and were later returned to TOTTER MIDI after the waiting period at the post office (14 days) has expired, this is NOT considered as a withdrawal from the contract, as the latter is still validly concluded and is only considered as a unilateral unannounced withdrawal from the contract.
10. The right of the consumer to withdraw from the contract
10.1. In accordance with the Consumer Protection Law, the consumer is entitled to inform the seller of his withdrawal from the contract, without having to state the reason for his decision, within 14 days from acceptance of the goods. The deadline begins to expire one day after the date when the goods were accepted.
10.2. The consumer will communicate its withdrawal from the contract to the e-mail address of the seller email@example.com.
10.3. In the event of withdrawal from the contract, the consumer must return the received good or must send it back by post to the seller’s address: Muljava 6, SI-1234 Mengeš, Slovenia.
10.4. The consumer must return the good to the seller undamaged and in unchanged quantity, unless the good is destroyed, defected, lost or its quantity decreased, without the consumer being liable for it. The product must be returned in its original packaging.
10.5. If the client wishes to refund the purchase, TOTTER MIDI returns it exclusively through a personal bank account. Refunds are not paid out in cash.
10.6. The only cost that is charged to the consumer regarding the withdrawal from the contract is the cost of returning the goods.
10.7. The good must be returned to the seller within 7 days from the date when the withdrawal notice was send.
10.8. The consumer does not have the right to withdraw from the contract in the case of a contract where the good was produced under the exact instructions of the consumer and was adjusted to his personal needs and is by nature not suitable for repayment.
11.1. TOTTER MIDI guarantees for the quality of the product or for the proper performance within the warranty period, if the product is used in accordance with its purpose and in accordance with the accompanying instructions.
11.2. Articles have a warranty, if it is stated so on the warranty certificate or on the invoice. The warranty is valid if the instructions on the warranty certificate and on the submitted invoice were followed diligently by the buyer. The warranty period is stated on the warranty certificate or on the invoice.
11.3. The warranty liability of TOTTER MIDI does not apply to defects of the goods or misuse of the product in a manner that does not fit the normal use of the goods.
11.4. The warranty period begins to expire on the date of delivery of the product to the buyer.
11.5. TOTTER MIDI’s warranty liability is excluded if the product has been serviced, repaired or otherwise affected by any unauthorized person or if the product has not been properly and regularly maintained. The warranty liability applies only to the product listed on the warranty certificate.
11.6. The buyer is obliged to accept the good that he has handed over to the seller into warranty consideration, after the conclusion of the consideration. The buyer accepts the good at the delivery point at Muljava 6, SI-1234 Mengeš.
12. Liability for material and legal defects
12.1. TOTTER MIDI is responsible for material defects until the moment when the risk of accidental destruction or damage is passed on to the client. This moment usually arises with the acceptance of the goods.
12.2. The client is obligated to, immediately or as soon as possible, review the subject of the contract and identify the defects. Otherwise, TOTTER MIDI does not take into consideration material defects that are not latent and which were known or should have been known to the client when examining the item itself or the subject of the contract.
12.3. The client is obliged to inform TOTTER MIDI about material defects immediately and about latent defect within 10 days at latest. Otherwise, the client will not be entitled to demand the elimination of the material defect.
12.4. The consumer is obliged to notify TOTTER MIDI of the material defect within two months from the day the defect was discovered.
12.5. TOTTER MIDI is liable for material defects that appear within two years from the day the goods were delivered to the consumer.
12.6. TOTTER MIDI guarantees that over the subject of the contract, a third party does not have a property or copyright or industrial property right that would exclude, reduce or restrict the rights of the client, and guarantees that these rights are managed accordingly by their contractual partners.
13. Withdrawal from the contract
13.1. In the case of a breach of one or more provisions of the contract or of these terms and conditions, TOTTER MIDI reserves the right to immediately withdraw from the contract without an additional deadline for the correction of the errors and without a notice period.
13.2. TOTTER MIDI also has the right to withdraw from the contract, in case the client that is not the consumer becomes insolvent or has blocked funds on its business account more than 15 days, or if a compulsory settlement or bankruptcy procedure is introduced or merely proposed.
13.3. TOTTER MIDI has the right to withdraw from the contract if the client does not fulfil its obligations, if the client gives TOTTER MIDI false information that aggravates or fails to fulfil the contract, if the client misses the original written deadline for payment and if it does not pay its obligations under the contract and under these general terms and conditions.
14. Limitation of liability
14.1. TOTTER MIDI endeavours to ensure the correctness and exactness of the data published on the online store. Product properties, delivery period or prices can change so quickly that TOTTER MIDI fails to correct the data on the online store. In this case TOTTER MIDI will notify the buyer about the changes and will allow him to withdraw from the order or to replace the ordered article.
14.2. Photographs do not provide product characteristics. TOTTER MIDI endeavours to provide accurate photographs of sales articles, but all photographs should be considered as symbolic.
14.3. TOTTER MIDI reserves the right to withdraw from the execution of the order in cases where the ordered products are no longer deliverable, if TOTTER MIDI finds an increased payment risk of the buyer, if the purchase order was not fulfilled in accordance with the general terms and conditions, or if there was an evident error in the price list. In such and similar cases, the client will be immediately notified about any eventual withdrawal from the contract.
14.4. TOTTER MIDI reserves the right to withdraw from the contract if an evident error is found in accordance with Article 46 of the Obligations Code. An evident error is considered to be an error in the essential characteristics of the good and any mistakes that are considered to be essential according to the usages in the shop or according to the purpose of the parties whereby TOTTER MIDI would not have concluded the contract in case of such knowledge. This includes evident errors in prices.
15. Protection of personal and other data
15.1. TOTTER MIDI is committed to use appropriate technological and organizational means to protect the transmission and storage of personal data.
15.2. TOTTER MIDI stores personal data that are listed on the issued invoice (name, surname, address, telephone number) for ten years from the issuing date of the invoice, the e-mail address to unsubscribe from e-news (cancellation of consent) and the e-mail address until the user’s profile is deleted.
15.3. TOTTER MIDI uses personal data exclusively for fulfilling the order and other necessary communication with the client and provides them to the delivery service partners for the purpose of delivering the subject of the contract.
15.4. Client’s personal data will in no case be handed over to third parties or other unauthorized persons unless it is necessary for the performance of certain tasks that contribute to our services, with the authorization given to such other companies and individuals. For example, personal data may be provided to providers which host our databases and applications, for data processing services, or for sending the information you requested for providing support services, etc. We will provide such data or make it accessible to external service providers only in the extent required by a specific purpose. Such data will not be used for any other purpose. External service providers are contractually bound to respect the confidentiality of your personal data.
15.5. Clients can request from TOTTER MIDI to access to personal data, rectification, deletion or restrictions on the processing of personal data, the right to object to the processing and transferability of your personal data.
15.6. The client is also responsible for protection of personal data, for ensuring the security of its e-mail address, user name and password, and the appropriate software (antivirus) protection of its computer.
16. Complaint procedure and dispute settlement
16.1. The law of Republic of Slovenia shall apply exclusively for the interpretation of these sale terms or contracts concluded between TOTTER MIDI and the client. The contracting parties undertake to settle all disputes in a peaceful manner. In case of exhaustion of all out-of-court proceedings for reaching an agreement, the dispute shall then be settled by a court that of competent jurisdiction in the Republic of Slovenia according to the corporate seat of TOTTER MIDI.
16.2. TOTTER MIDI respects the current consumer protection legislation. TOTTER MIDI has an effective and confidential system of handling complaints and a person with whom the buyer can connect by telephone or by e-mail. A complaint is submitted to e-mail firstname.lastname@example.org.
16.3. TOTTER MIDI will acknowledge the receipt of the complaint within 20 working days and inform the buyer how the consideration will take place.
16.4. In accordance with the legal norms, online store TOTTER MIDI does not recognize any provider of out-of-court settlement of consumer disputes as competent to resolve a consumer dispute, which the consumer can launch under the Out-of-Court Consumer Dispute Resolution Act.
16.5. The subject regulation is in line with the Consumer Protection Law, the Out-of-Court Consumer Dispute Resolution Law, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2016/2004 and Directive 2009/22 / EC.
In Mengeš, December 21th , 2018