Legal notice

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Privacy policy

We take the protection of your personal details very seriously, especially when you make contact with us over the Internet. We therefore make every effort not only to provide you with a comprehensive online offering, but also to protect your right to decide what information you disclose and to guarantee the protection of your privacy.

Personal data


Wherever possible, personal data is disclosed on a purely voluntary basis. Personal data includes details such as your name, address, e-mail address and telephone number. Please note that some of this data may be required in order to process sales enquiries, for example. Any personal data that you provide will only be used for the purpose of dealing with your enquiry. We will not sell, lend or otherwise forward your personal data to third parties outside BIAL d.o.o. You are entitled at any time to enquire what data we hold about you and to request that it be deleted.

We reserve the right to change this data protection notice at any time in accordance with data protection law.

Automatically collected information

When you access our website, general information is collected automatically (i.e. not through registration), but this information is not personally identifiable. Our web servers automatically record
  • the pages you view on our site
  • the files you access
  • the website from which you accessed our site
  • the date and time you accessed our site
  • your PC's operating system and browser version
We evaluate this information anonymously and use it to improve the content and functionality of the website. We do not produce any personal usage profiles. This data is not used or forwarded in any other way.

Use of cookies

Cookies are small information files that we transfer to the hard drive of your computer through your web browser.

The information we collect with cookies is used solely to adapt our website to your requirements in the best way possible. No personal data is collected. This data is not used or forwarded in any other way.

The help function on the menu bar of most web browsers explains how you can prevent your browser from accepting new cookies, how you can instruct your browser to report when you receive a new cookie and how you can disable all cookies received.

Use of Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc. ('Google'). Google Analytics also uses cookies to analyse your use of the site. The information the cookie generates about your use of this website (including your IP address) is transferred to and stored on a Google server in the USA. Google will use this information to evaluate your use of the website, to compile reports on website activities for the site operator and to provide other services related to use of the website and the Internet. Google may also transfer this information to third parties, where legally prescribed or where third parties process this data on behalf of Google. Google will in no circumstances link your IP address with other data held by Google. You can prevent the installation of cookies by changing the corresponding setting in your browser. Please note, however, that if you do this, you may not be able to use all the functions of this website. By using this website, you declare that you consent to the data collected about you being processed by Google in the manner and for the purpose described above.

Disclaimer

Terms and Conditions

Please read these terms and conditions carefully as they apply to your access and/or use of this website. By accessing this website and any pages thereof, you acknowledge your agreement with and your understanding of these Terms and Conditions. If you do not agree to these Terms and Conditions, do not access or use this website.

This website is owned and operated by BIAL d.o.o., a company incorporated in Slovenia.

These Terms and Conditions are subject to change at any time.

Access Restrictions

The information contained on this website is not for use within any country or jurisdiction or by any persons where such use would constitute a violation of law. If this applies to you, you are not authorised to access or use any of the information on this website.

User Conduct

When accessing or making use of any part of this website, you may not:

  • post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law.
  • post or transmit any information or software which contains a virus, worm, Trojan horse or other harmful component.
  • interfere with the functioning of this website or restrict or inhibit any other user from using this website.
  • post, publish, transmit, reproduce, distribute or exploit any information, software or other material obtained through this website for commercial purposes without the prior written consent of BIAL d.o.o.

No Offer

Nothing on this website should be construed as a solicitation or offer or advice or recommendation to acquire or dispose of any investment or to engage in any other investment or transaction. You should obtain relevant and specific professional advice before making any investment decision.

No Warranty

The material and information on this website are provided without warranties of any kind, either expressed or implied. All warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose, are disclaimed. No representation or warranty is made regarding content, functionality, links, or communications, including no representation or warranty as to defects or errors or corrections of the same, communication interruptions or interceptions or loss of data, or the absence of viruses or other harmful components.

Limitations of Liability

In no event shall BIAL d.o.o. be liable to any party for any cost or damages, including any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the access or use of, or the inability to access or use, this website or any of its functions or features, including in connection with any browsing or downloading of any information, data, text, images, or other material accessible through this website or any website linked to or linking into this website.

Links

The links from this website to other websites are provided for your information and convenience only.

BIAL d.o.o. does not assume any responsibility or liability with respect to any website linked from this website, or any website linking into this website, including its content and operation. BIAL d.o.o. does not review or monitor such links. Some websites may be outside your country and subject to different regulators and rules.

A link from this website to another website, or a link from another website to this website, does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. BIAL d.o.o. believes that the links it provides to other publicly accessible websites, webpages, newsgroups, and other sources is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.

Without the written consent of BIAL d.o.o. no person and no website may make a link to this website, whether to its homepage or to any internal page.

Transmission of confidential or proprietary information

Do not send any confidential or proprietary information to BIAL d.o.o. through this website.

Applicable Law and Jurisdiction Updates

This website and these Terms and Conditions shall be construed, enforced and performed in accordance with the substantive laws of Slovenia without reference to principles of conflicts of laws. The place of jurisdiction is Celje.

Local Legal Restrictions

BIAL d.o.o makes no representation that any information, materials or features/functions included are appropriate for use in any other jurisdiction. The website is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence, citizenship or otherwise) the publication or availability of the website and its content is contradictory to local laws or regulations. Persons with respect of whom such restrictions or prohibitions apply must not access or use this website. By accessing or using this website you do so on your own initiative and are solely responsible for compliance with the applicable local laws and regulations.

Copyright

All content on this site (information, text, photos, graphics, functions, features and design) are copyrighted by BIAL d.o.o. (all rights reserved). It is permitted to download or print individual pages and/or sections of this site as long as copyright notices and other legally protected identifiers are not removed. If you download software or other data from the site or duplicate it in any other way, all proprietary rights are retained by BIAL d.o.o.

Material on this site may not be reproduced, disseminated (either electronically or by other means), modified, linked or used for public or commercial purposes, either in part or in whole, without the prior written consent of BIAL d.o.o.

Copyright © Bial d.o.o

GENERAL BUSINESS AND DELIVERY CONDITIONS BIAL d.o.o., Slovenia

1.Basis of Contract
1.1 Our terms and conditions apply to all – including future – agreements, deliveries and services including consultations and any other support. Excluded are differing conditions of the customer. Agreements are binding only with our written confirmation.
 
1.2 Information contained in brochures, catalogues, circulars, advertisements, price lists or belonging to the offer documents, drawings, illustrations, technical data, weights, dimensions and performance are approximate industry standard, unless they are specially stated in the contract not to be. Any model changes or modifications are reserved.
 
1.3 The use of company data in our data processing of documents is exclusively for business purposes and can be only processed in accordance with the Data Protection Act.
 
1.4 Allowed are partial deliveries, if they are reasonable for the customer and supplier.
 
2.Prices
2.1 All prices are ex works based, without loading. For separate deliveries and deliveries under 5.000,00€ we add the shipping costs. Where necessary, we preserve the right to add additional expenses for packaging / transport protection, oversized weights, dimensions, lengths, height, angled and curved design products.
 
2.2 Unless prices on the day of delivery are listed as present, calculated prices, the valid prices are those from the current price list. If there are significant cost increases, for example, wages, input material or freight, the preserve the right to adjust our prices appropriately according to influence of the increased costs.
 
3.Terms of payment
3.1 The invoices are to be paid, independently of the receipt of the goods and any defects within 30 days of the issue date of the invoice. All payments are always credited first to interest and costs and then to our oldest claims without regard to other dispositions of payment of the customer.
 
3.2 We do not permit the withholding of payments. Buyer is entitled to withhold the payment that it is based on the same contractual relationship. Withholding the payment is allowed only on a base of legally issued and confirmed claims. We allow cash discount only in case of exact fulfilment of all liabilities from past and present, including those from other contracts and for payments done on exact date.
 
3.3 In the event of late payments, we have the right to charge buyer for interest in accordance with the respective bank rates for short-term loans or at least 8%. Given points of above base rate are to be accepted without prejudice to any claims. The right to prove minor damage is allowed to the buyer.
 
3.4 Our claims are payable regardless of the duration of any changes or circumstances that are likely to reduce the creditworthiness of the customer. In case of credit problems of the buyer, without prejudice to other rights we may still execute outstanding deliveries against advance payment, as well - without withdrawing – prohibit the sale and use of reserved goods, revoke the authorization to sale our products and at the expense of the buyer return the goods. Returned goods can be used for sale and after deducting all expenses, the amount can be used for customer obligation closure.
 
3.5 Our claim for damages for non-performance is at least 30% of the customer purchase prices without claim of evidence or proof of a damage to the purchaser. Customer is entitled to prove lower damages if they are by significantly than the issues claim.
 
4.Ownership of the sold products and legal forms of the same
4.1 All our goods are reserved goods and remain our property until all our demands, including demands for balance and interests are fulfilled.
 
4.2 In case of processing, combining or mixing of the reserved goods with other goods ownership is a combination and proportion to total invoice value of the goods to the invoice value of other goods.
 
4.3 The Purchaser shall sell the reserved goods as ordinary business as long as he complies with the terms of payment and transfer the payments to us.
 
4.4 The right of reserved goods is incorporated also to the real estate values / ground or buildings / together with associated equipment for the business use by Purchaser or any other agreements of the same.
 
4.5 The claims to the Purchaser from the reserved goods, respecting and including all current accounts must be assigned as the value of the total reserved goods to us. With the resale of goods in which we have co-ownership, always there is to respect the transfer of amount in the height of our ownership.
 
4.6 The buyer may collect goods until revoked for any reason, especially for late payments, from the seller that is entitled to revoke the collection at any time. At our request, of the event of cancellation, buyer can inform his customers immediately and in case of direct transfer of payment on behalf of documentation, the goods can be collected.
 
4.7 As far as damage, reduction, loss or destruction of reserved goods or for any other reason the claims to insurer or other third parties, the rights must be given in advance to us.
 
4.8 The customer is obliged to inform us immediately for seizure, confiscation, other disposals or interventions by third parties with respect to all the goods.
 
4.9 Rights from the reserved good remained in all the aforementioned forms until complete contingent of liabilities that we have made to the customer is resolved and fulfilled.
 
5.    Place of performance and jurisdiction
5.1 The place of performance for our deliveries is considered Celje.
 
5.2 The sole jurisdiction, in any case if customer is a trader, directly or indirectly dealing with our goods, all the contract disputes arising from contract are resolved in Celje. However, we are also entitled to sue the buyer in its location.
 
5.3 The Slovenian law is applicable under the exclusion of the law on the International Sale of Goods.

6.Delivery time
6.1 The delivery period is given only on an approximate base. Dates and deadlines apply to the notification of dispatch from us. Extend delivery terms without prejudice are allowed in the period during which the purchaser's obligations – also from other contracts – do not meet the agreed terms. Partial deliveries are allowed any time.

6.2 When the delivery time for any orders are not meet by buyer – to take the ready goods - we are entitled to store the goods at the expense and risk of the buyer.

6.3 In case of delay of the buyer a compensation to us for each full week of delay a 0.5% of order value is applicable. In total, a maximum of 5% of the order value is allowed.

6.4 Compensation claims by the buyer due to delayed delivery and claims for damages on performance of the goods the above article no.: 3 is excluded. This does not apply if liability is mandatory in cases of intent, gross negligence, or injury of life, body or health. Cancellation by the buyer in accordance with statutory provisions is possible only if we cause the delivery delay. A change of proof of determination of delay cause to the buyer is not connected with the above regulations.

6.5 The buyer is obliged at our request to declare within a reasonable period whether he will, due to the delay in delivery of the order insist on contract delivery or he will retreat from his order.

6.6 Delivery date - date for collection or delivery of goods - are to be collected immediately. Otherwise, we can store the goods at the expense and risk of the buyer. If the goods are not taken immediately, we are entitled to charge to the customer for each month a storage fee of 0.5% of the price of the ordered goods delivery for every week, but to the extent of a maximum of 5%. The proof of higher or lower storage costs to both parties is allowed.

6.7 All unforeseen and extraordinary events, in particular strikes, lockouts, the scrap of important working half materials, breakdowns and similar events that are not our responsibility, or of our suppliers, releases us for any claim or for any contractually agreed delivery obligations. However, we are obliged to provide to the buyer a notification when immediately the redelivery is possible again.

7.Transfer of risk and acceptance
7.1 The risk passes to the buyer when the goods have been shipped or picked up for shipment. Transport damages are to be confirmed by the carrier in writing receipt of the goods. Otherwise, we can reject the claims.
 
7.2 If the shipment is to the buyer reasons delayed, or if the buyer has otherwise failed to accept delivery, the risk shall pass to the buyer anyway.
 
7.3 The buyer shall and must wait and unload the shipment if informed of the same, otherwise we execute it at our decision. Unloading, stacking and storing will be done at the expense and risk of the buyer. Waiting times are charged at buyer expense. Transport damages are to be confirmed by the carrier in writing at the receipt of the goods.
 
The buyer cannot refuse to accept deliveries due to minor defects.
 
8.Defects, claims
8.1 If the delivered goods are subject to the warranty claim within warranty period, defect or the cause of which the goods has been damaged and claims has been checked and confirmed by us, will be solved by us. We can resolve claims of the goods to our option by repair - where two attempts are agreed - or by replacement. We do the resolvement within a reasonable period, which is for the first solution within the length of the original delivery time. This is respected as reasonable.

8.2 The warranty period is 1 to 5 years, depending on the product. This does not apply if the law considers longer periods as well as in cases of injury of life, body or health, intentional or grossly negligent at normal use of goods.
 
8.3 Defects or claims must be reported immediately in writing by the buyer.
 
8.4 The buyer may withhold payments only if a complaint is made, of which the justification there can be no doubt and we have confirmed it. Payments may be withheld only to the extent that is reasonable in relation to the defects occurred. If we did not confirm the complaint, we are entitled to demand all the arising costs from the subjects from the buyer.
 
8.5 It is appropriate to grant us the opportunity to react within a reasonable time. If the buyer or our authorized agent has not enough time or opportunity to inform us, or he made permission for replacement or repairs on his own, we are excluded from liability and costs.
Confirmed scope of repair work from us are in any case prior to their execution agreed with us. The costs covered by us in the repair or replacement of the goods are replacement goods, including shipping, and the reasonable cost of removal and reinstallation.
Excluded cost are cost increases that are based on delivery of goods to a place other than the place of delivery (shipping address). Furthermore, the buyer shall pay these additional costs. We confirm that no liability for damages arising from the following reasons will be covered: inappropriate or improper use, faulty installation or commissioning by the buyer or third parties, natural wear and tear, faulty or negligent treatment, unsuitable equipment and replacement materials, defective construction work, unsuitable foundations, chemical, electrochemical or electrical influences, considering they are not due to our fault. The same applies to modifications or repairs undertaken by the buyer or third parties that are made improperly, without our prior agreement.

8.6 If we are unwilling or unable to repair or replace the goods, especially if this is delayed beyond a reasonable period for reasons that we are responsible for, the buyer has the right to withdraw from the contract or at least to reduce his obligation to us for appropriate value.

8.7 The warranty does not include minor deviation from the agreed quality, of only minor impairment of usability, or natural wear and tear.

8.8 Excluded are also claims arising out of the purpose of performance, particularly transport, travel, labour and material costs, unless the expenses are agreed upfront and the exact use of goods is in accordance with its intended use.
 
9.Compensation claims
9.1 Excluded are any damages and repayments of expenses from warranty claims by the buyer, for whatever legal reason, if the defect has been occurred by inappropriate, un allowed use or even out of obligation performance lackage from the buyer.
 
9.2 This does not apply, when mandatory liability applies, f.e. EU Product Liability Law, in case of intent, gross negligence or injury of life, body or health, or not respecting of essential contractual obligations. In the event of not respecting the essential contractual obligation of contract, the claim for damages are limited to the typical, foreseeable damage, unless caused by intent or gross negligence or life hazardous actions and health liability.
 
9.3 These damages / compensation of expenses claimed by the buyer shall elapse with legal limitations for defects claims on our goods. Claims for damages under the EU Product Liability Law, the law conditions are valid to apply.
 
9.4 The exclusion of compensation claims covers also consequential damage resulting from faulty software and data sets.
 
10.Third party beneficiary, prohibition of assignment

There are never respected third parties rights. The assignment of rights and claims to third parties requires our prior written consent.

11.Partly not valued articles

If any article of these terms and any further agreement is or becomes invalid, such invalidity shall not affect the rest of the articles and parties of the contract.




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