ARHAR / LEGAL INFORMATION
General Terms and Conditions
This website presents our range and accepts non-binding enquiries. We currently provide no online shop, online ordering or online payments. These terms apply to transactions in which they are properly incorporated before the contract is concluded. Publication of this version does not change contracts already concluded.
1. Company and scope
The supplier is ARHAR INŽENIRING Logatec, d.o.o., Vodovodna cesta 7, 1370 Logatec, Slovenia, company registration number 1245031000, tax number 71118462, VAT ID SI71118462. Contact: info@arhar.eu, +386 31 469 109.
The contractual seller and issuer of the sales offer and invoice is ARHAR INŽENIRING Logatec, d.o.o. (ARHAR). The customer addresses questions about delivery, documentation, non-conformity and complaints to ARHAR. This also applies when the manufacturer delivers the goods directly to the customer by agreement.
These terms govern the sale of equipment, tools, spare parts, materials, software and specifically agreed services. A business customer buys for the purposes of carrying on its activity. A consumer is a natural person purchasing for purposes outside their trade or profession.
Special rules for consumers take precedence over general provisions that would limit their mandatory rights. The specific offer or contract takes precedence over the general terms to the extent such an arrangement is legally permissible.
2. Presentation, enquiry and conclusion of contract
The website does not allow you to place a binding order or make a purchase. Each transaction is agreed through an individual offer or contract. Having no online shop does not rule out a distance contract: a contract concluded by email or telephone may also qualify if the legal conditions are met. Mandatory consumer protection applies when a natural person buys outside their trade or profession, including purchases of machinery and direct deliveries.
Online presentation and submission of a non-binding enquiry do not in themselves constitute the conclusion of a sales contract. Configuration, price, delivery and other terms are set out in the offer. Photographs may show additional equipment or an example of use; the scope of supply is defined precisely in the offer. This statement does not exclude liability for misleading representations or agreed characteristics.
The offer sets the validity period and the method of acceptance. The contract is concluded when the customer accepts the binding offer in the agreed manner or when the parties agree on its essential elements. Payment of a pro forma invoice counts as acceptance where this is clearly stated in the offer. For consumers, we provide the legally required pre-contractual information and confirmations on a durable medium.
We provide the individual offer, the general terms and any other contractual annexes to the customer before the contract is concluded. The version of the general terms is indicated in the offer. Changes to the online publication do not affect contracts already concluded.
We attach the General Terms and Conditions to individual offers for both business customers and consumers. The offer expressly refers to them and identifies their version; the customer receives the full text before the contract is concluded. The version incorporated in this way applies to the agreed transaction, including contracts concluded by email. A later website publication or an attachment to a later document does not itself amend an existing contract. Mandatory consumer rights remain unaffected.
3. Configuration and scope of services
The offer defines the machine or equipment, accessories, machining options, tools, required software and interfaces. For the intended connection with the customer’s systems, verified compatibility conditions and the necessary adaptations are stated.
Transport, unloading, installation, commissioning, training, programme preparation, processing of the customer’s orders, service support and preventive inspections are included to the extent expressly agreed in the offer. Presentation of a complete solution does not mean unlimited free engineering or unlimited support.
For licences and subscriptions, the licensor, users or workstations, duration, connectivity, included updates, any recurring costs and termination conditions are specified before conclusion. Consumers retain all mandatory rights regarding goods with digital elements and digital content or services.
4. Individual offers, prices and payment
For equipment supplied by ARHAR on the basis of an individual enquiry, no single fixed price list is used. The sales offer is prepared after prior verification of current prices and delivery conditions with the manufacturer or supplier, taking into account the selected configuration, accessories, quantity and the scope of delivery and services.
Any preliminary price estimate is expressly marked as informational and does not constitute a binding sales offer. The individual sales offer sets the price, scope of supply, payment terms, delivery time, validity period and method of acceptance.
ARHAR is bound by the issued binding offer for its validity period and under the conditions set out therein. After that period expires, the transaction requires renewed verification and confirmation of the current terms. If the customer wants a different configuration or scope, an appropriately amended offer is prepared.
After the contract is concluded, the agreed contractual price applies. A later change in the manufacturer’s or supplier’s price does not in itself give ARHAR the right unilaterally to change that price. Any changes are settled by agreement of the parties or on another legally permissible basis.
For business customers, it is clearly stated whether VAT is included. Before being bound by an offer or contract, the consumer receives the total price including taxes and information on delivery and other additional costs. If the price cannot be calculated in advance because of the nature of the goods or service, the method of calculating it is stated; if additional costs cannot be calculated in advance, the consumer is warned that they may arise. This arrangement does not exclude the legal obligations to indicate prices and to respect the indicated price.
The price or the method of calculating the costs of installation, training, servicing and other services is set out in the individual offer or a special agreement before ordering these services. Services outside the agreed scope are carried out by separate agreement on their content and payment. Any costs of postponement, repeat attendance or storage must be clearly agreed in advance and justified.
Payment terms are determined individually. The amount and share of any advance payment, instalments, payment deadlines and the conditions for the start of delivery or performance are determined by agreement between ARHAR and the customer in the specific offer or contract, before its conclusion. The general terms do not provide for a mandatory 100% advance payment or a 30% deposit. Any later change to the agreed payment terms requires a new agreement between the parties, without prejudice to the customer’s mandatory statutory rights.
A deposit is agreed expressly, with the amount and purpose stated. If it is not expressly agreed as a deposit, an advance payment is not automatically treated as a deposit. The consequences of non-performance are assessed in accordance with the agreement and the law; a deposit does not exclude the consumer’s right to withdraw from the contract under the law. Where an advance payment is required from a consumer, the statutory interest must be calculated and paid to the consumer unless a statutory exception applies.
The reference bank for accruing interest on a consumer’s conditional advance payment is Nova Ljubljanska banka d.d., Ljubljana (NLB d.d.). Where the conditions of Article 34 of the ZVPot-1 are met, ARHAR shall, upon delivery of the goods, performance of the service or supply of digital content, calculate and pay the consumer interest on the advance payment at the rate at which savings deposits fixed for three months are remunerated at that bank. Statutory exceptions apply; among other things, the obligation does not apply where the advance payment is made less than three working days before delivery or before the start of the performance of the service or the supply of digital content. These are not default interest or remuneration to the bank.
5. Delivery and performance
For an agreed direct delivery, the manufacturer dispatches the goods to the customer in performance of the sales contract with ARHAR. This delivery method does not change the identity of the seller or transfer its mandatory legal obligations to the manufacturer. The place, time and method of delivery and agreed services are specified in the offer or contract.
The delivery deadline and place, as well as the point from which the period begins to run, are set out in the offer. Unless otherwise agreed for a consumer, the statutory time limit for performance applies. If circumstances affect the agreed deadline, we notify the buyer and explain the proposed solution and their rights. A general reference to force majeure does not exclude all statutory rights of the buyer.
For business customers, the method of delivery and transfer of risk are agreed in the contract; where Incoterms are used, the rule, place and version are stated. For a consumer, the mandatory statutory rules on transfer of risk apply, generally upon physical receipt of the goods. A postponed date is not automatically treated as a transfer of all risk to the consumer.
6. Installation, safety and acceptance
Before work begins, we define the conditions relating to the premises, access, load-bearing capacity, connections, extraction, unloading and safe working, as well as the responsible party for providing them. The buyer supplies the required accurate information; within the scope of the agreed professional task, ARHAR points out any identified ambiguities or inadequacies. Costs arising from changes or unmet conditions are settled in accordance with the offer and the law.
Requirements that are professionally or safety-wise unacceptable are not carried out solely on the basis of the buyer’s statement accepting responsibility. Upon handover, a record is drawn up of the work performed, the documentation handed over and any deficiencies. The signing of the record or the buyer’s silence does not exclude rights relating to hidden defects or statutory non-conformity.
Manufacturer documentation and its provision
ARHAR provides the customer with the manufacturer's documentation applicable to the specific product, model or batch supplied: operating and safety instructions, product declarations and declarations of conformity, and other legally required or agreed documents, depending on the product. We obtain the documentation from the manufacturer and forward it in its original form or with the appropriate required translation. The manufacturer named in its declaration remains the issuer; by forwarding it, ARHAR does not issue a new declaration in its own name.
The manufacturer's instructions and declared data apply to the specific product supplied, taking account of the agreed configuration and conditions of use. ARHAR ensures that documentation is provided in the legally required language, form and time. Where legislation requires paper documentation or labelling on the product or packaging, forwarding an email alone is insufficient. Required pre-contractual information is provided before the contract is concluded; other required documentation is provided within the statutory timeframe, normally no later than delivery or before first use where necessary for safe operation.
If documentation is missing, unclear or does not match the supplied product, the customer contacts ARHAR, which arranges the necessary additions or explanations. Forwarding manufacturer documentation does not limit ARHAR's responsibility as seller, the agreed characteristics of the goods or the customer's mandatory rights. A manufacturer's warranty does not replace statutory conformity rights.
7. Service packages and support
A special service package applies only if it has been expressly agreed. Its duration, area, working hours, reporting method, response time, number of included visits, scope of remote support, travel costs and exclusions are defined. The response time is not the same as a guaranteed deadline for rectifying every fault.
If the buyer wants a service package, ARHAR coordinates the proposed scope and conditions with the manufacturer of the specific equipment. The package is included in the supply only once the buyer and their contractual supplier have expressly confirmed the written offer or a separate service contract. It also states whether the services are provided by ARHAR, the manufacturer or an authorised service technician, and who is responsible for the agreed performance.
The 48-hour response applies only if it is expressly included in the specific confirmed service package. The agreement defines when the time limit starts to run, whether hours are working or calendar hours, the method of response and the conditions for providing the necessary information and access to the equipment. A response does not automatically mean that a technician will arrive on site or that the fault will be rectified within the same period. The number of visits, phone contacts or preventive inspections is not the same for all manufacturers.
Additional services, spare parts, licences and travel costs are paid to the extent set out in the confirmed offer or service contract. A special service package is an additional service and does not condition or reduce the buyer’s statutory rights in relation to defects, non-conformity or the mandatory warranty. The terms of an already concluded service package cannot be unilaterally changed merely because the manufacturer’s conditions change later.
8. Defects, non-conformity and warranty
Business customers report defects and assert claims in accordance with the Obligations Code and any permissible contractual arrangement. Any limitations of liability do not apply where the law does not permit them.
The seller is liable to the consumer for the non-conformity of the goods in accordance with ZVPot-1. This is separate from the manufacturer’s warranty. The goods are subject to statutory liability for non-conformity that becomes apparent within two years of delivery; for used goods, any shortening is possible only by appropriate agreement and within the limits permitted by law. The consumer notifies the seller of any non-conformity found within two months of discovering it, describes it and allows an inspection.
The consumer may, in the statutory order, request free bringing into conformity, usually by repair or replacement, and then, if the statutory conditions are met, a reduction in the purchase price or withdrawal. The law also sets out cases of immediate price reduction or withdrawal, including a specific right where the non-conformity appears within less than 30 days of delivery. Withdrawal is not possible for a merely minor non-conformity.
Bringing into conformity must be carried out within a reasonable time, usually no later than 30 days from notice, with a legally permitted and заранее explained extension of up to 15 days. The rules for digital elements, digital content and services apply according to the actual type of supply. A warranty certificate is issued when a warranty for the goods concerned is mandatory or agreed; the warranty does not reduce the statutory guarantee of conformity.
9. Consumers: distance contracts and off-premises contracts
This section applies to a buyer purchasing as a consumer for private purposes. A distance contract is a contract concluded within an organised distance sales scheme, without the parties being physically present together, using only means of distance communication up to the conclusion of the contract, for example email or telephone. An off-premises contract is, among other things, a contract concluded in the consumer's home in the presence of both parties; the law also specifies other cases. Delivery or installation at the buyer's premises alone does not determine where or how the contract was concluded.
A business buyer who purchases equipment for its activity does not have a consumer right to withdraw within 14 days without reason merely because the order was placed by email. Its rights arising from non-performance or defects and any specially agreed withdrawal remain governed by the contract and the law.
Where the statutory rules on distance contracts or off-premises contracts apply, the consumer generally has the right to notify withdrawal within 14 days without giving a reason. For goods, the period generally runs from taking delivery; for services or digital content not supplied on a tangible medium, from the conclusion of the contract. For special methods of delivery, the statutory rules on when the period starts apply.
Withdrawal may be communicated by an unequivocal statement to info@arhar.eu or by post to Vodovodna cesta 7, 1370 Logatec. Use of the form is not mandatory. The consumer must generally return the goods no later than 14 days after notifying withdrawal. Direct return costs are borne by the consumer only if they were duly informed in advance and no statutory exception applies. For goods that cannot be returned by ordinary post, the costs are specified appropriately before the contract is concluded.
Any payments received are returned without undue delay, at the latest within 14 days from notification of withdrawal, together with the cost of the cheapest standard delivery offered. In the sale of goods, reimbursement may be withheld until receipt of the goods or proof of dispatch, unless we offer to collect them ourselves. We use the same means of payment, unless expressly agreed otherwise and at no cost to the consumer. The consumer may be liable for a decrease in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, where the statutory conditions are met.
Exceptions to withdrawal are applied only when they are actually met, for example for goods made to precise instructions and adapted to the consumer's personal needs. A routine order for a series machine from the manufacturer is not, in itself, such an exception. Early commencement of a service or digital supply is arranged with the necessary explicit requests, consents and confirmations; a general tick in the terms is not sufficient.
Information and contract confirmation
Before the consumer is bound by a contract or offer, we provide company details and contacts, the essential characteristics and agreed delivery configuration, the total price including taxes and additional costs or the permissible method of calculating them, payment and delivery terms, the way complaints are handled, and information on statutory guarantees, any warranty and the agreed support. For ongoing contracts, we specify the duration, minimum obligations, recurring costs and termination conditions. For software, we also define functionality, technical limitations and known compatibility and interoperability conditions. The specific offer contains data that depend on the selected equipment.
Information on the right of withdrawal, the procedure, return costs and any actually applicable exception, as well as the withdrawal form, are provided to the consumer before conclusion. In distance sales, confirmation of the concluded contract and the required information are provided on a durable medium, for example by email, at the latest upon delivery of the goods or before the start of the service or digital supply. For an off-premises contract, we provide the pre-contractual information and a copy of the signed contract or confirmation on paper or another durable medium, if the consumer agrees. A mere link to a website whose content can be changed does not replace delivery of these documents.
When concluding a distance contract by telephone, we provide the consumer with confirmation of the offer on a durable medium. The contract is concluded when the consumer signs the offer or sends a written statement of acceptance. An informational telephone conversation and an online enquiry do not in themselves constitute an order.
Deadline and method of withdrawal
For multiple items in one order delivered separately, the 14-day period starts on receipt of the last item; for goods in several shipments or items, on receipt of the last shipment or item; and for regular delivery of goods over a specified period, on receipt of the first item. Receipt means acquisition of actual possession by the consumer or a third party designated by the consumer, other than the carrier. It is sufficient for a timely withdrawal that the consumer sends the statement before the period expires. If the statutory information on withdrawal was not provided, the period is extended in accordance with ZVPot-1: by one year after expiry of the original period, or until 14 days after receipt of the information if the consumer receives it within that period.
Return of larger equipment
The goods are returned to ARHAR INŽENIRING Logatec, d.o.o., Vodovodna cesta 7, 1370 Logatec, or to a person authorised by ARHAR to receive them. For a machine or other equipment that cannot be returned by ordinary post, we state the direct return costs, or a reasonable estimate of the maximum costs where the exact amount cannot be determined in advance, before conclusion of the contract. The estimate takes into account the specific equipment and the place of collection. If the consumer is not informed that they bear the return cost, that cost shall not be borne by them. Arranging transport does not affect the validity of a timely withdrawal statement.
If, in a contract concluded away from business premises, the goods are delivered to the consumer's home at the time of conclusion of the contract and, by their nature, cannot usually be returned by post, we collect them at our own expense. For a timely return, dispatch before the expiry of the 14-day period after notification of withdrawal is generally sufficient, unless we offer our own collection.
Services and software before expiry of the withdrawal period
We start a paid service before the expiry of the withdrawal period only at the consumer's express request and with the consents required by law; for contracts concluded away from business premises, the request is made on a durable medium. If the consumer then withdraws before completion of the service, they may owe only the proportionate part of the service performed up to withdrawal, provided the legal conditions are met. This obligation does not arise if the required information was not provided or if the consumer did not request early commencement. The consumer loses the right to withdraw from a paid service only upon its full performance, if they previously expressly agreed to the start and confirmed that they would lose the right upon full performance.
For paid digital content without a tangible medium, the consumer loses the right of withdrawal at the start of performance only if they previously expressly agreed to the start during the withdrawal period, confirmed the loss of the right, and received the required confirmation of the contract. If the required consents or confirmation are missing, the costs of such supply do not, in cases laid down by law, fall on the consumer. We do not exclude software from the possibility of withdrawal merely because it is a licence; for software on a medium, a digital service and goods with digital elements, we assess the actual type of contract.
Withdrawal form
Use this only if you wish to withdraw from the contract. You may also send your own unequivocal statement. Send the completed form to info@arhar.eu or to the postal address below; downloading the form does not yet mean submitting it.
Download withdrawal form (TXT)
Form for exercising the consumer's right to withdraw from the contract (Form OP)
Recipient: ARHAR INŽENIRING Logatec, d.o.o.
Vodovodna cesta 7, 1370 Logatec, Slovenia
info@arhar.eu
I/We (*) hereby inform you that I/we (*) withdraw from the contract for the sale of these goods (*) / for the provision of this service (*): ____________________
Ordered on (*) / received on (*): ____________________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if the form is sent in paper form): ____________________
Date: ____________________
(*) Delete as appropriate.
10. Complaints and dispute resolution
We accept complaints and claims at info@arhar.eu or at the company address. We provide a response and take action within the statutory deadlines applicable to the relevant type of claim. Before legal proceedings, we strive for an amicable settlement.
ARHAR INŽENIRING Logatec, d.o.o. does not recognise any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute that the consumer could initiate under the Out-of-Court Consumer Dispute Resolution Act. We handle complaints directly. If a complaint is not upheld, we also inform the consumer of this in our response on a durable medium. This notice does not limit the consumer's right to judicial protection or other remedies available under law.
Consumer disputes are subject to mandatory rules on jurisdiction and applicable law. These terms do not unconditionally designate the courts in Ljubljana as exclusive jurisdiction. Any agreement on jurisdiction for business customers is set out separately and in accordance with the law.
11. Personal data and changes to the terms
We process personal data in accordance with the personal data protection notice. Acceptance of the terms of sale does not constitute consent to e-newsletters or advertising tracking.
For each contract, the version of the terms received by the buyer before conclusion and duly incorporated into it applies. A later change to the website publication does not alter an already concluded contract. An individual invalid clause is assessed under the law; it does not automatically affect all other agreements.
