TOS: Terms of ordering, doing business and using websites and other relevant information

Terms of service (TOS): Terms of ordering, doing business and using websites and other relevant information

1. General provisions – validity of terms:

a) tiskarna.online, aprinti.net, aeroprint.si, tap-it.com, aeroprint.online and others are the company’s websites  

AERO Print d.o.o., Bratovševa ploščad 34, 1000 Ljubljana,

Registration number 6744478000 and tax number SI12636533 (in further text: contractor).

The Contractor is a EU taxpayer with VIES identification number of SI12636533 and operates various divisons and brands in b2b and b2c services. Aprinti.net is a specialist in the execution of all types of printing, creation of marketing materials and retail outlet equipment – from printed materials, decals and labels, making of directly addressed post, printing of catalogues, magazines and books to the making of packaging, Tap-It (stick-unstick) stickers, printed adhesive tape, boxes and envelopes, as well as various marketing materials and personalised and promotional gifts, stamps, and personal-use printed products (personalised mugs, T-shirts and other textile products, photo books, small gifts, etc.). In addition Aero Print ltd. owns also a publishing division Cangura (www.cangura.com) and bookstores on various domains, including cangura.com and knjige.plus.

b) These general terms and conditions apply to every use of the contractor’s infrastructure, doing business, orders and deal making at all the web domains, sub-domains, as well as all other websites or ordering methods provided by the Contractor. All other provisions of this Agreement are valid only if confirmed by the Contractor. Verbal agreements or bids are not binding, and the same applies to possible additional verbal communication that has been written down afterwards.

c)These general terms and conditions apply to doing business with legal entities, as well as other organisations, including the government and others, as well as to doing business with private persons (in further text: user).  

When making an order the user accepts the defined terms and conditions of doing business in their entirety, despite possible ordering terms of their own, in which a possible delivery does not represent the acceptance of other terms and conditions than those listed here. All business is done exclusively under the terms and conditions listed in this document. Any discrepancies will not be accepted, even though the contractor might not have expressly rejected them. In case that the law prescribes otherwise, the minimum legal criterion is applied only to the disputed part of the terms and conditions.  The Contractor’s staff is not authorised to validate any special agreements or amendments of the general terms and conditions. Only the Contractor’s director or CEO us authorised to do that. Any amendments of these terms and conditions are valid only if provided in writing and confirmed by the Contractor in writing.

Please read these terms and conditions before accepting any offers or continuing to use our web-locations and content. If you do not agree with them, the order will, unfortunately, not be possible. When an order is placed, the Contractor considers the terms and conditions of doing business, use and supply are known and unconditionally accepted.

 

2. Definition of terms:

For the purpose of these terms, and in order to avoid any misunderstanding, we will define the following names and terms:  

- CONTRACTOR is Aero Print d.o.o. as listed above;

- ACCOUNT is the personal user account of a subscriber used to access our subscription system, gained by the subscriber by providing their e-mail address and password;

- USER is anyone using the services and infrastructure of the service provider (online or in any other way), regardless of the status of the order;

-BUSINESS CLIENT is anyone ordering the Contractor’s services or products for the purpose of a business, trade or other activity, regardless of the legal status of the payer of the order;   

- CLIENT any private person who makes an order, which primarily concerns business or a for-profit activity;

- SERVICE is any service, including the delivery of goods, customised and produced according to the user’s instructions;  

- GRAPHIC PREPARATION is technical editing, design or any other task of forming files with the aim of updating a pattern or adapting it to printing conditions;

- REGISTRATION is the initial signing in and everything else that enables the use of the system;  

- WORKING DAY or opening hours – Monday to Friday from 8 am to 4 pm, except during official holiday and other non-working days that the contractor can set and announce through its communication channels. The deadline for same-day delivery is 11:00;

-OPERATING HOURS is the time of operation of the online sales system, with or without support, which is uninterrupted 24/7, and the delivery deadline is 11 on working days;   

- TRIAL PRINT is the digital printing of a file that is ready for print, made in accordance with ISO 12647 or, if defined differently, the physical digital printing by a calibrated machine on a material similar to the final production material;

- CUSTOMISED PRODUCT is a product specially produced so that every print differs by a special mark, also frequently called VARIABLE print;

- ORDER is communication from the user that results in the delivery of services or products by the Contractor, which is considered a contractual obligation, regardless of the manner of conclusion;

- ORDER CONFIRMATION is the e-mail message sent by the Contractor upon accepting an order;

- PRODUCT is any paid service or goods delivered by the Contractor to the user;

- PAGE is any web location or application owned by the Contractor, intended to provide information or receive orders.

 

3. Registration and signing in

The precondition for ordering the Contractor’s services is a permanent registration on the webpage, which is done by filling in the necessary information in the appropriate web form. The registration is completed by pressing the “Complete Registration” button, or similar. This provides the user with access to some content, which is otherwise unavailable.    

Signing in is done each time you visit the website, by entering the e-mail address, user name and password you used to register.

The Contractor reserves the right to deny registration or block access and use of the website, without citing reasons even when all the conditions are met.

A reply to the Contractor’s quote is also considered as registration, which also means the acceptance of all the terms and conditions of doing business.  .

 

4. Communicating with users

When making an order, the user is obligated to provide an e-mail address, which will be used from the moment an order is made until its completion. Also, he or she must ensure the unimpeded receipt of the Contractor’s e-mails, including modifying the SPAM filter settings. (It should be done locally and/or through their ISP. The entered e-mail address remains valid for further orders until cancellation or until the user changes or deactivates their user account. The primary address for communicating with the Contractor is [email protected], although the Contractor may use other domains and addresses as needed.

The Contractor has the (non-binding) right to send any messages – even the messages important for the contractual relationship and the proper realisation of the contract – exclusively via e-mail. The user explicitly waives the right to request notifications or message forwarding via phone, fax or mobile phone in the form of SMS messages, as well as post. Also, in case of an unanswered message, the user cannot successfully claim ignorance if the message has been sent by the Contractor to the e-mail address specified in the first paragraph.  All the Contractor’s messages sent by e-mail to the address specified in the first paragraph will be considered delivered to the user. The Contractor is responsible only for mistakes in the transfer of e-mail messages caused by the improper functioning of their website. In principle, the Contractor is not obligated to notify the user that the address in the first paragraph is invalid, inactive or incorrect. The user is allowed to provide proof that he hasn’t received a message because of reasons outside of his control.

 

5. Conclusion of contract

When ordering, the user first chooses a product, enters the necessary data into the online form, checks the correctness of hi statements on the last page and completes the ordering procedure by pressing the “Complete Order” button. By completing the order, the user makes a binding bid for the conclusion of a contract – order, but, first and foremost, confirms that he is completely aware of the Contractor’s terms and conditions and that he understands and accepts them. If the order has been submitted successfully, the user gets an e-mail confirmation, which confirms that the order has been received by the Contractor and provides the user with all needed information about the order and the product. This confirmation message still does not represent the acceptance of the user’s order. The agreement is concluded and valid for individual service when the Contractor explicitly accepts the bid by confirming the order, especially via the user’s e-mail.  

The user can stop the order at any moment during the preparation phase, before the submission or before the final confirmation by closing the browser window at no cost. The summary page that appears before the completion of the order allows the user to check the correctness of the data he has entered, and in case of input mistakes, he will be able to change it by pressing the button “Change order”, or similar. The conclusion of the agreement is available only in Slovene. The Contractor prepares the order, sends the order confirmation message to the user, and in case a document is lost, he can send copy to the user, provided the user requests it in writing and pays the arising costs or expenses.  

If the user gives a wrong address as the delivery address, the agreement will still be considered concluded. If the user is representing a third party, the agreement is concluded with the third person in the case that authority is given and the Contractor explicitly confirms the conclusion of the agreement with the third person. In all other cases, the entering of a different delivery address is void, and the user remains jointly and severally liable.

The Contractor can reject the order or withdraw from the already signed agreement without an additional deadline in case it’s apparent from the order that the content is of a pornographic nature or that the content is extremist, racist or discriminatory, that the content jeopardizes the welfare of children or young people, or is not in accordance with the Constitution of the Republic of Slovenia or other laws in force in the EU.

The Contractor also allows the user to make an order in “free form” via e-mail or the internet contact box. In that case, the Contractor is entitled to charge additional costs for order processing. In this case as well, the user has to define all the necessary order parameters, and accept all the terms and obligations as if the order were made via the ordering page.

 

6. Prices and invoicing

The prices of services provided by the Contractor are listed in the information on the Contractor’s webpage, as well as in the order summary before its completion, and are also listed in the order confirmation and any possible written agreement about the amendment and alteration of the contract, and are listed in the price list valid at the time of ordering a certain service or product, or an order placed in a written form in another way. These prices do not include VAT, unless specified otherwise, and the same goes for the costs of packaging, transport and postage, unless specified otherwise when the agreement is made.   

For all deliveries outside of Slovenia (EU) – unless specified otherwise in writing – the prices do not include taxes, excises and customs fees. All the listed prices apply exclusively if the content of the order is not changed after conclusion of the contract and the delivery of the files. Costs arising from additional changes at the user’s request are charged additionally. The delivery costs include the cost of a single shipment to the address provided by the user, except when stated otherwise in writing (joint deliveries, deliveries to multiple addresses).  

The Contractor provides only e-mail invoices, which are valid and equivalent to the paper ones. By placing the order, the user agrees to this manner of invoice delivery. A paper invoice is not mandatory and can be issued at the user’s special request, and the Contractor will charge additional costs for it. The invoice does not represent a condition for payment. If advance payment is agreed, as is the custom, it must be made within three days of the receipt of the order confirmation. Delayed payment invoices must be paid right away after they are issued or before the due date in full.

The user determines the payment, delivery and contract completion details by choosing the manner of payment and delivery. Payment can be made in crypto-currency, credit card, upon a quote or via PayPal, and some types of payment are available only upon special request and will be done manually. Delivery deadlines listed in the quote / order confirmation are approximate and of a non-binding, informative nature. Deliveries outside Slovenia are subject to special agreement.

The Contractor is entitled to, despite different instructions from the use, use the payment to settle earlier liabilities, and notify the user of this manner of accounting. If costs and interest have already arisen, the Contractor is entitled to use the payment to first settle the costs, then the interest, and finally the main claim.

Payment is considered made only if the paid amount is at the Contractor’s disposal. If the Contractor knows of circumstances that bring the user’s solvency into question (e.g. cessation of payments, frozen funds in the account, rejected credit card use), the Contractor is entitled to consider the entire remaining debt as due, even if an instalment has been paid. In that case, the Contractor is also entitled to request advance payment or insurance. In case of a refused credit or loan, the user must compensate the Contractor for the costs charged by the executing bank, unless it is the responsibility of the user.  

In case the user cancels the order in accordance with Paragraph 7 and when the order can be posted as a package, the user must pay the return delivery costs only in the case that:

- the delivered goods correspond to the order price and the price of the item that is returned is not over EUR 50,

- in the case of a higher order price, the user has not fulfilled its obligation or arranged a payment in instalments at the time of cancellation.

Otherwise the user does not bear the costs; the return shipping is free for the user.

 

7. Recognition of right to pull out of agreement

The user has the right to pull out of the agreement in accordance to the Consumer Protection Act (ZvPot-1) regulating distance contracts. If a private person buys goods as a business client, within the framework of performing his or her professional or for-profit activities, he or she does not have the right to withdraw from the agreement.

Detailed information for private persons is listed in the document “Right to Pull Out”.

Client – consumer has the right to pull out of the agreement without citing a reason within 14 days. The cancelation deadline is 14 days after the client has taken physical possession of the ordered goods or a third person, who is not a carrier and who has been authorised by the client to do so, picks it up.  

In order to exercise his right to pull out, the client must notify the Contractor about his decision to withdraw from the agreement in an unambiguous statement (e.g. by a letter sent via post or e-mail). For this purpose, the client can optionally use the cancelation form available at the end of these general terms and conditions. Regarding the cancelation deadline, it is enough to send the notification of the exercising of the Client’s right to withdraw from the agreement before the deadline for pulling out of this agreement.   

The effects of pulling out of the agreement: if the client withdraws from this agreement, the Contractor must, without unnecessary delays, and in any case within 14 days after receiving the notification of withdrawal from this agreement, return all the received payments, including delivery costs (except additional costs arising from the choice of delivery type, in case the chosen type is not the cheaper than the standard delivery type offered by the Contractor).  Such a compensation is paid by the Contractor using the same payment instrument used for the initial payment transaction, expect when expressly agreed otherwise, and the client will not bear any additional costs for this compensation. The Contractor company can delay the return payment until it receives the returned goods or until the client sends proof of having sent the goods back, whichever happens first.

The client will return or deliver the goods without any unnecessary delays, and in any case within 14 days from the day the client notified the Contractor of his withdrawal from the agreement. The deadline is met if the client sends the goods back within the 14 day period. For things that can be posted as a package, the Contractor bears the risk of return postage. The client bears the cost of return postage when goods can be posted as a package. Goods that cannot be sent as a package are picked up from the client at the Contractor’s expense.

The client is responsible only for the lower value of goods due to handling, which is not necessary to determine its nature, characteristics or effectiveness. If the client does not return the shipment in an unchanged condition and in full, but only in part or in worse condition, he is obligated to defray the costs according to the Contractor’s pricelist within 30 days from the sending of the notification of withdrawal from the agreement.

Exceptions from the right to pull out: the client will not be entitled to withdraw from the order in the case of goods that are not produced in advance, but are being produced in accordance with the client’s specific instructions and on the basis of the client’s personal choice or decision in cases in which it is obviously customised to his needs, or if the quality of the goods is not suitable for return delivery, if it can spoil in a short period or if it has expired.

 

8. Production and delivery deadlines

Delivery terms or deadlines, which can agreed to as binding or non-binding, must be agreed to in writing. Only working days are counted in the production / delivery time. Such agreed deadlines are valid only for delivery within Slovenia and are not fixed (i.e. they are not considered constituent parts of the agreement). If the fulfilment of the order within a specified time period has been explicitly agreed to as a key element of the agreement, this time period must be explicitly designated and agreed to by the Contractor as such.  As a rule, deadlines are only indicative data about the planned date of production. The time limit for the completion of the order starts after the receipt of an order on working days when the Contractor receives all the data and suggestions (appropriate prepared graphic files) needed for production by 11:00. If the user chooses advanced payment (bank transfer) as the form of payment, the order will start being processed only after the payment has been received, which also modifies the start of the production period and the time of delivery. Every change in the key elements for production means a new start of the time for final execution.

Only working days, Mondays to Fridays excluding holidays, count as production and delivery time. The delivery is considered on time if the goods leave the production facility before the delivery deadline or if the user is notified that they are ready to pick up. The condition for honouring the deadline is that the user fulfils his obligations correctly and on time. If the Contractor does not honour the agreed delivery time, the user must provide him with an appropriate additional period in writing. If the Contractor does not fulfil his obligation in the additional period, the user can pull out of the agreement. The Contractor will not be held responsible for a delay in production and delivery if it is caused by a force majeure or by events that significantly hinder or prevent delivery (e.g. industrial action, major malfunction, removal from work, government decrees and other unforeseen obstacles), which are not his fault and significantly affect the production and delivery of the order, even if they occur at the supplier. During the existence of such obstacles and the time necessary to act, the Contractor is entitled to delay the delivery or, in the event of uncompleted work, pull out in part or fully from the agreement. If the circumstances listed above prevent the performance of the service, the Contractor is free from the obligation to perform it. The Contractor must immediately notify the user of the obstacles.  

When placing the order, the user also determines the manner of delivery. If the user will pick up the order personally, he is obligated to pick it up within five days from the delivery notification was sent. Otherwise, the Contractor can charge him storage costs in accordance with these terms and conditions and the valid pricelist. If the goods are not picked up within thirty days, the Contractor is entitled to destroy the goods and charge all the costs to the user.  

If the user is a company or a body corporate under the public law, the following provisions also apply:

a) if the delivery of a product is agreed upon, the time and deadlines for the delivery must be provided to the shipping agent, carrier or a third person responsible for transport;  

b) if the Contractor is late in completing the work because of a force majeure or events that significantly hinder or prevent fulfilment of the Contractors obligation for a longer period – especially, any type of problems in working, difficulties with the supply of materials and energy, transport delays, industrial action, legal prohibition of operation, government decree or undelivered, incorrect or untimely delivery on the part of a supplier for which the Contractor is not responsible – the Contractor will not be held responsible for the said delay. If the said events make the delivery or the fulfilment of the order significantly more difficult or impossible, and are only of a temporary nature, the Contract has the right to delay the performance of the ordered work for the duration of the obstacle, which will also include an appropriate preparation period (for restarting work). In the event of obstacles that are not only temporary, the Contractor has the right to pull out, fully or partially, from the unexecuted portion of the agreement. If the said obstacles last for more than two months, the user has the right to pull out of the unexecuted portion of the agreement after an appropriate additional period.  

In order for the Contractor to be able to honour the deadlines, the user has to fully and properly cooperate and perform the necessary actions, such as paying the agreed amount or, when paying with a credit card, payment authorisation on the part of the credit card provider; except in exceptional cases when delayed payment if agreed upon.  

 

9. Transfer of responsibility and risk

If the user is an economic operator under Article 13 of the Civil Obligations Act (Slovene: Obligacijski zakonik, OZ), the responsibility for the accidental destruction or deterioration of goods is transferred to the user when the Contractor delivers the order to the person responsible for transport (the time when loading starts). This applies regardless of who bears the delivery costs, even if the delivery is performed by the Contractor’s employees or contractual partners. If the goods are read for dispatch and a delay in shipping or picking up the goods occurs because of reasons out of the Contractor’s control, the liability risk for accidental destruction or deterioration of goods in commercial agreements under Article 13 of the OZ is transferred to the user at the moment he is notified that the goods are ready for dispatch.    If the user is not an economic operator under Article 13 of the OZ, the liability risk for accidental destruction or deterioration of goods transfers to the user only when the goods are delivered to the user. The risk of accidental destruction or deterioration of goods is transferred to the user even in the case when the goods are delivered late.

At the user’s request and expense, the Contractor may insure the goods against insurable damage. If the goods are returned because they could not be delivered, the Contractor is not obligated to keep the goods for the user, except when the user is not responsible for unsuccessful delivery. In that case, after having checked if the shipment was correct and notified the user, the Contractor is entitled to destroy the goods after the pick-up deadline has passed, by which the Contractor does not waive the right to claim payment. The user bears the liability risk for temporary.  

If the user is a consumer under Article 1(2) of the Consumer Protection Act (ZVPot-1), the risk liability for accidental destruction or accidental deterioration of goods is transferred to the user only when the shipment is received. The same applies when the user is late in picking it up. The Contractor also has the right to make partial deliveries in cases when

- a partial delivery may suit the user,

- the delivery of the remaining part of the order is ensured and  

- if the user will not incur significantly higher costs or additional costs (except if the Contractor states that he is willing to cover the higher costs or the said additional costs).

 

10. Description of services and technical characteristics of manufacture  

The list of services for the manufacture of a product is listed in the order summary and all written appendices. The following technical characteristics have to be taken into account:

- printing is performed on calibrated machines according to standards defined by Forschungsinstitut der Grafischen Industrie (FOGRA) in accordance with the ISO 12647 standard. There is a possibility of minor colour discrepancies, which can be the result of material content, material finish, processing procedure, as well as environmental and other influences. If perfect colour matching is of great importance, we recommend you order a sample print (at extra cost). Without a sample print, we cannot honour claims for colour discrepancies;

- when cutting and finishing small formats (printed material and stickers up to A3 format), there can by discrepancies in size, cuts, folds or overlaps, up to 1.5 mm. For large format prints (posters, boards, stands, packaging) a discrepancy of up to 3 mm is possible. For giga-formats (building covering, boards with a side longer than 2 metres, billboards, prints – multipart materials), a discrepancy of 6 mm is possible.  

- despite using standardised materials, occasionally there are changes suppliers and supply differences, to that small variations in material type are possible. Certain materials that are out of production can be substituted by the Contractor with appropriate material from stocks, with no significant changes in the technical characteristics of the material (final appearance, type of material and coating, features and feel);

- in case of printing and additional printing on a material provided by the user at his own request, and accepted by the Contractor, the Contractor takes no responsibility for it, and the user accepts it his own risk and waives all possible damages claims in advance, even if the printing does not produce expected results, or if the material is damaged or destroyed. In doing so, the user is not to compensate the Contractor for possible damage.

If the user wants greater precision, he must point it out when placing the order (at possible additional cost). Otherwise, the Contractor bears no responsibility for the discrepancies.

 

11. Printing data and checking and archiving duty  

The Contractor ensures the printing/execution of an order on the basis of the user’s final files/data. When ordering graphic preparation or correction, the user is obligated to request the final electronic printout of the order or a sample print on paper. The use takes full responsibility for the correctness of the content and waives the right to make claims or complaints about the content and the form. Material defects and faults found after the transfer of the print file or after the confirmation of the electronic version or sample print are corrected exclusively at the user’s expense and charged according to the current stage of the order. If the files are not prepared according to the prescribed standards, the Contractor takes no responsibility for any possible discrepancies or faults.  

It is the user’s responsibility to provide appropriate print files. If the user provides his own print files, they have to be prepared in accordance with the instructions published on the website and in accordance with the general standards (PDF with cut-out markings and colour supplement saved in the x1a standard for ordinary colour printing, and in the x3 standard for special colours and others; or, exceptionally, as listed on a separate webpage according to the type of products you want. The accurate specifications and colour profiles are also defined on the Contractor’s support page - www.aprinti.net). If the print data is not sent in a CMYK model or the requested format, the Contractor may convert it. Of course, when converting formats, RGB data or ICC colour profiles, discrepancies from the original in content and colour can occur. Only the user is responsible for such discrepancies. If the user transfers the print data in another format or model, and not in the listed standards, he explicitly agrees that he bears the risk of conversion.

The compiling of files can also be provided by the Contractor, upon special agreement. In doing so, he reserves the right, not an obligation, to independently perform all the necessary preparatory actions or corrections on his own accord, without consulting the user, if he thinks that it is in the client’s business interest or that it contributes to meeting the final deadline. All the repairs that might be necessary are charged by the Contractor in accordance with the terms and conditions and the price list, but not more than 10% of the value of the order and not less than EUR 7 + VAT (a quarter of the price of one hour of graphics preparation).   

If the user also orders graphics preparation / design, communication will generally be conducted via e-mail.  Before production / printing, the user can request an electronic review of the final version (for free) or a sample print (extra charge). The copyright and rights of use of the original file remain the property of the Contractor, but the user may buy them for a certain fee. In any case, the Contractor recommends the ordering of a sample print before production, which is charged according to the valid pricelist. The production time limit starts after the written confirmation of the electronic review or sample print.    Without a written confirmation of the print sample, it is not possible to make claims because of colour discrepancy or other visual discrepancies, because the on-screen display is not accurate.

The user is obligated to archive the files. The Contractor can archive them only if there is such an agreement or if the user has ordered archiving as an additional service.  

12. Sample prints

The user may order the production of an electronic sample print (PDF) or a physical sample print for an additional fee. In both cases, it is an approximation of the final print, since it need not be printed on identical material, but it provides the most authentic representation of the potential appearance of the product. The sample print can be picked up by the user in person from the Contractor or it can be sent to him by post. In that case, the production time limit starts when the user confirms that the sample print is correct. If the user rejects the sample print, he must provide a corrected file so the process can be repeated (at extra charge).  

13. Warranty / guarantee / claims

If the user is a private person – consumer, the legal provisions of the ZVPot-1 regarding warranty apply. The user can exercise his rights stemming from a material fault if he notifies the Contractor of the fault within two months from the day the fault was discovered. The user must describe the fault in detail in the message and allow the Contractor to inspect the item. If the faults are present only in some of the delivered goods, the user cannot make a claim for the entire quantity of goods.

If the user is a company or a body corporate under the public law, warranty claims linked to the obvious material faults in the delivered goods will not be valid if the user does not notify the Contractor about it within eight days from receiving the goods or, in the case of a business user, immediately after noticing the fault, and no later than within eight days.

The user’s warranty claims because of hidden material faults in the delivered goods will not be valid if the user does not notify the Contractor about it within eight days from receiving the goods or, in the case of a business user, immediately after noticing the fault, and no later than within eight days.

A timely delivery of the fault notification with a detailed description of the fault and attached proof (e.g. a photograph of the fault) is enough to exercise the right to warranty claim. The notification of fault or complaint must be delivered in writing, via e-mail, regular mail or the form at the end of these terms and conditions.

For business users, the following terms also apply:

-A complaint about a material fault cannot be made in the case of insignificant discrepancies from the agreed quality (in accordance with professional market standards) or in the case of discrepancies with minimal effect on usability. This also excludes all the tolerances listed in the product description or in the terms and conditions, which are usual in this industry;  

- The client’s obligation, in accordance with Article 461 of OZ, to immediately inspect delivered goods and report any faults remains unchanged;

- The Contractor has the right to, for the purpose of an alternative fulfilment of the contract, improve or deliver new good as he sees fit;  

- In the case that the user has been harmed because of incomplete fulfilment of the agreement in the expected time period, the Contractor limits his liability up to the maximum value of the order waives a part of the total amount of the payment request. Other requests of any kind are excluded. Loss of profit or another financial loss incurred by the business client is especially excluded. This also applies to any potential loss that might be caused individually by the Contractor’s employees, representatives or agents.

For everything else, the provisions of Article 468, Clause 2 and of the OZ apply.

The Contractor clearly points out the fact that the usual industry tolerances, listed in the product description, represent the agreed quality, so there cannot be any real faults within these tolerances. If only some of the delivered goods have faults, the user cannot make any claims for the entirety of the goods. The rights of the user who has notified the service provider about a fault in a timely manner expire one year after the date the notification was sent.

The user agrees to possible usual discrepancies to the maximum extent of 10% of the order. The real delivered quantity is charged according to the Contractor’s non-proportional calculation parameters. In the case of a request for absolute accuracy of the order, the price may increase by up to 10 %.  The contractor is not liable for faults that have occurred because the user did not adhere to the instructions and terms for the preparation of a print order. This applies especially to print products created on the basis of invalid files or data, RGB colour model or where the used letters were not installed. Smaller defects cannot be cause for a warranty claim. The Contractor’s material liability is limited to the maximum value of the contract or the deferment of claims until the completion of payment.

Complaints are handled by a committee within 8 days of receipt. If the committee concludes that the complaint was unjustified or submitted after the deadline, it will be rejected and the user will be obligated to pay the accrued costs in accordance with these terms and conditions (Paragraph 18).

14. Contractor’s fulfilment of duty

The duties that the Contractor needs to fulfil are listed in the information on the Contractors website, on the home page and in the written messages before the completion of the order and in the order confirmation, as well as any possible agreed alteration and amendment of the agreement. Any subsequent alteration and amendment is possible only if submitted in writing. So, any user’s wish after the alteration is considered a new offer to the Contractor, which rescinds the original order. The Contractor is not obligated to accept the user’s offer.  

 

15. Property, archiving, copyright: material and copy rights concerning graphics preparation

Print media and other production materials created and used by the Contractor in the production of the final product remain his property. Digital data and other items needed for repeated use, as well as partially completed and completed products, are not kept by the Contractor after the delivery deadline nor are they sent to the users. Only if it is explicitly requested, they can be immediately destroyed, in the case of sensitive data.  

The Contractor produces the products exclusively on the basis of the user’s comprehensive instructions in the provided print data. The Contractor has no influence on the content of print products. The user ensures that he has all the rights to use, transfer or publish the transferred data, especially texts and images. The user guarantees that he is not infringing on rights of third parties and that the printed content does not constitute the breaking of the laws of the Republic of Slovenia or the EU. The user completely releases the Contractor from any liability if there is a lawsuit against the Contractor for the infringement of third party rights on the basis of the transferred data, and especially for copyright infringement.  

In the case of graphic preparation of print materials, including adaptations, mutations, reconstructions or other variation of the existing materials, the user will pay for the work taking in account the time needed to complete them, and in accordance with the valid pricelist. This payment does not include the purchase of any copyrights or material rights for the new product, but only covers the costs of preparation of a single printing by the Contractor. All the rights remain the property of the Contractor. Any other use of the files is subject to an additional agreement and payment, and it has to be submitted in writing. The Contractor will show the user a sample electronic version as proof of services rendered.  Electronic print versions are subject to extra cost, which depends on whether it is for single or permanent use (different types of rights). The user has no rights for the original files, but can request to have them deleted or to buy them.

 

16. Reservation of property rights

The Contractor reserves the property rights for the delivered goods until all of his claims from the agreement in question are paid. If the user is an economic operator, the Contractor reserves the property rights for the delivered goods until all his claims from the business relationship are paid. If the user is an economic operator, he has the right to sell the item in question to third parties only if he transfers all the funds he will generate (including VAT) by taking the item to the Contractor in advance, and the Contractor accepts the transfer. The user has the right to get these claims back even after ceding them. The Contractor’s right to personally collect on his claims remains intact.  The Contractor undertakes that he will not collect on his claims as long as the user keeps fulfilling his obligation to pay due amounts, if he is not late with payments, does not submit an enforcement or bankruptcy protection request, and when there is no danger of him becoming insolvent. Otherwise, the Contractor can request the business user to provide him with a list of assigned claims and debtors, all the data needed to collect on debts and had over all the needed supplements, and notify the debtor about the assignment of the claims. If a business user is late with payment, the Contractor can rescind the approval to collect on claims. The Contractor undertakes to waive insurance he is entitled to at the user’s request. However, if its total amount is 25% higher than the amount of the insured claims, the Contractor is entitled to such insurance. In the case of a breach of agreement, and especially in case the user doesn’t pay, the Contractor may confiscate the goods or charge a compensation fee for its use in the elapsed period. The user undertakes to return the goods. The confiscation of good does not mean a withdrawal from the agreement, except when the Contractor explicitly states it.

 

17. Payment date, right to compensation and right of retention

Except when stated otherwise in the receipt or confirmation of the order, the final gross price of the order will be paid immediately after the conclusion of the contract (upon the receipt of the order). The transaction costs are born by the user. The user can compensate a claim only in the case of undisputed and legally effective claims. The creditor has the retention right only if his opposite request stems from the same legal relationship. Except in the case of Article 417 of OZ, the user can transfer claims from this agreement to third parties only with prior written approval from the Contractor.

18. Lump-sum compensation

The parties to the agreement will agree on lump sum compensation fees for losses incurred by the Contractor in the following cases when:

1. the Contractor, after setting a new deadline, withdraws from the agreement because of non-cooperation by the user (especially if the user does not provide new files with no faults),

2. the Contractor, after setting a new deadline, withdraws from the agreement because of non-payment on the part of the client, in accordance with Article  470 OZ (Civil Obligations Act);

3. the Contractor withdraws from the agreement without setting an additional time limit on the basis of the last clause of Article 5 of these terms and conditions (in the event of unallowed content);

4. the Contractor, for a reason for which the client is responsible, has the right to terminate the Agreement, and notifies the client before the delivery;

5. the user cancels his order when he does not have the right to terminate the Agreement (e.g. cancelation right for consumers, contractual rights);

6. the Contractor, in case of a legal relationship with the user who does not have the status of consumer and in accordance with the second clause of Article 1 of ZVPot-1 (Consumer Protection Act), terminates the Agreement;

7. the user terminates the Agreement with the Contractor during the duration of the legal relationship, with no reason, or when there is no strong reason for cancelation;

8. the user states – submits an unjustified claim or invokes warranty provisions without justified reasons.  

 

The lump-sum claim amounts to € 7.00 for orders worth up to  € 30.00 gross, €15.00 for orders between € 31.00 and € 500.00 and € 25.00 for orders with a gross value of €500,01 and over. If the automated production process has already started, in a way that it cannot be stopper, or the printing has already been completed, the Contractor sets the net value of the order (i.e. the order price without VAT) as the basis for setting the lump-sum compensation amount.  The user may endeavour to prove that the Contractor suffered no loss, or that the loss is lower, or that the requested compensation is too high. The Contractor may prove that the incurred loss is greater than the lump-sum amount.

 

19. Liability

 

The Contractor is liable only for damage that he causes on purpose or through gross negligence. In the case of slight negligence, any liability is completely excluded. The Contractor is not liable for damage on the provided item, and especially not for lost profit or any other pecuniary loss. This exemption from liability does not only apply to liability in case of death, physical injury or damaged health, whether intentional or through gross negligence, caused by the Contractor, his legal representative or employee involved or linked to the work. In the case of the exemption of the Contractor’s liability, the same applies to the personal liability of his employees, representatives or associates. In the case of a breach of important contractual obligations, obligations that affect and enable the proper fulfilment of the Agreement and which the parties to the contract can always have trust in (so-called cardinal obligation), the Contractor is liable only up to the amount of damage that was foreseeable when the Agreement was concluded, and that does not surpass the value of the Agreement.

 

20. Confidentiality

 

Neither the user nor the Contractor are allowed to give third parties access to business or production secrets, or any other confidential information from this business relationship and the other party’s field. This remains valid even after the end of the contractual relationship.

 

21. User data

 

By registering, the user agrees that his data is used for the purpose of business and commercial intelligence. The permission for commercial intelligence and marketing can be rescinded by the user at any time. The user can get information about the stored data from the Contractor, and request that it is amended or deleted.

All the received data will be kept by the Contractor in accordance with legal provisions and internal legal hold acts, and used only for the purposes of his business. The Contractor may conduct commercial intelligence via electronic or regular mail, especially about news and campaign offers, and any such publication contains instructions on the possibility of cancelation. There will be no more than 60 such messages per year.   

The Contractor retains the right to publish the user’s name in a reference list, and the right t send the ordered items to third parties as quality samples without the user’s explicit permission. The user can refuse that when placing the order, exclusively if he has a valid reason, which should be explained in writing.

The Contractor retains the right to inform the responsible companies/agencies about the user’s payment discipline.

 

22. Language of Agreement

 

The Slovene language is defined as the only valid language of the Agreement. K

 

23. User support and complaints procedure

 

For further clarification, as well as for possible complaints related to the Contractor’s operation, goods and/or the Contractor’s offered services, the users can write to the e-mail address [email protected].

 

24. Usage of rights, court jurisdiction, partial nullity

 

The laws of the Republic of Slovenia apply to these terms and conditions and all legal relations between the Contractor and the user. In the event of a dispute, we suggest out of court settlement, via the EU portal https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL.

If the parties to the contract are business (legal) entities, the court in Ljubljana is the competent court. The contractor may start and conduct a legal process against the user before any legally competent court. If any of the provisions of these terms and conditions, or other agreements, is or becomes null, it will not affect the other provisions in the terms and conditions or other written agreements.

 

By using the Contractor’s facilities and infrastructure, and especially by submitting a query and placing an order, the user is considered to have read the general terms and conditions, to have understood them and agreed to them in full.

 

The terms and conditions were update last on the 1st of January 2019.

 

Form for exercising the user’s right to pull out of the Agreement

(OP)

 

User:

(User’s name and surname

User’s address

User’s e-mail and telephone number)

 

Aero Print d.o.o.

Bratovseva ploscad 34

1000 Ljubljana, Slovenia (EU)

e-mail: [email protected]

 

I am notifying you that I am pulling out of the Supply Agreement (order specification), order placed on (enter the date of the order) and received on (enter the date of receipt) for the reason (optional) (enter the reason for pulling out).

I am returning the received goods to you address (enter the manner of return).

Consumer’s signature (only if the form is sent in paper form)
 

 

Claim submission form (Obr. UR)

 

User:

(User’s name and surname

User’s address

User’s e-mail and telephone number)

 

Aero Print d.o.o.

Bratovseva ploscad 34

1000 Ljubljana, Slovenia (EU)

e-mail: [email protected]

 

I am notifying you that I am submitting a warranty claim for the received goods, according to the Supply Agreement (order specification, order placed on (enter the date of the order) and received on (enter the date of receipt) for reasons (enter the claim description and the list of faults).

 

I submit the following proof (enter the list of proof)

      I submit the following (claim settlement proposal)

 

User’s signature (only if the form is sent in paper form)

 

 

Privacy statement (GDPR - General Data Protection Regulation – compliance)

The company AERO PRINT d.o.o., Bratovseva ploscad 34, 1000 Ljubljana, Slovenia (EU) is obligated to keep you personal data safe. If you send your personal data to the company in person, through mail, online forms, mobile app or other computer systems, as well as electronic mail addressed to one of the company’s addresses (e.g. aprinti.net, aeroprint.si, aeroprint.online, tiskarna.online, etc.), the company will handle it in compliance with the provisions of (EU)  Regulation 2016/679 of the European Parliament and the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Personal Data Protection Act (Official Gazette of the Republic of Slovenia, issue nr.. 86/04, 113/05 –ZinfP-A, 57/07 - 67/07 and 94/0), which defines the content of the following Privacy Statement:

 

1. General personal data processing principles

The company guarantees that it handles personal data in an appropriate way. The company AERO PRINT tiskanje nalepk d.o.o. will always guarantee that:

-    personal data is processed fairly, transparently and in a legal way;

• In an appropriate way, relevantly and in the appropriate scope;

• personal data is correct  and personalised; incorrect or incomplete data will be corrected, deleted or no longer processed;

• personal data will not be kept for longer than necessary;

• personal data will be processed only for a special, unambiguous and legal purpose, and only for the purpose for which it was given;

• personal data will be safe.

 

2. Types of personal data

At the company AERO PRINT d.o.o., we will collect and process your personal data in a number of ways, when you contact us through different channels, including our website, e-mail, personal contact or in another way.  

We have to process certain data in order to provide you with the desired services, while you decide if you want to provide other data. We will always let you know what kind of personal data we need, and what the consequences will be if you provide it to us. For example, that we will not be able to perform the ordered work or that will award you additional benefits or credit.

We can generally divide the personal data we collect into the following categories:
     - for the production of ordered goods;

• for the compiling and sending of offers, invoices and other business communications;

• for the informing about special deals, campaign, news about our range, loyalty bonuses and discounts.

We do not collect special category data, like race and ethnicity, political, religious and philosophical beliefs, union membership, genetic/biometric data, sexual orientation and similar.

All contemporary internet sites use cookies in order to improve user experience, and so does our website. They are small text files stored on the local computer, used for keeping data important for the full functionality of internet systems. You can turn them on or off, but in that case, you will lose a certain degree of functionality.

For the purpose of its internal needs and analysis, the Contractor stores the data about the number and duration of visits on its server, using the Google Analytics tool. This data is automatically deleted 60 days after their creation.

 

3. Why we process your personal data

We process your personal data only for legal reasons, and as such, we process it only if:

• you have given us permission to process it, and you have given us the data to process yourself (e.g., permission to use via e-mail);

• the processing is necessary for the execution of the contracting agreement, a normal business process, and, for the purpose of placing and executing an order, or the appropriate charging and payment.

 

4. Permission

You may decide to withhold the requested data from the company AERO PRINT tiskanje nalepk d.o.o., but in that case we cannot compile a contracting agreement or perform the ordered actions.  

 

5. Transfer of personal data and giving access to it to third parties

Your data will be used only internally, and in principle, it will not be available to third parties. Transfer of your personal data to third parties is performed to the least possible extent, and in case there is an appropriate level of data protection. We can reveal personal data to third parties, or give them access to it, in the case that the third party is doing our accounting, legal, personnel or job safety work, or if it is in compliance with the appropriate legal act.
 

6. Your approval

Our personal data processing activity will be based on your approval, which you can withdraw at any time. The withdrawal of your approval will not affect the legality of the processing performed before the withdrawal. Also, we might not be able to fully execute your requests or fully provide you with our service because of your withdrawal of approval.

Without you explicit approval, we will never sell, forward, transfer or lend you personal or business data to a third person, except when it is requested by government bodies in accordance with the law. We will not use the data for a purpose that could in any way harm you or another involved person.

 

7. Security

The company AERO PRINT d.o.o undertakes to implement appropriate security measures to protect the security of your personal data, protection from their loss, misuse or alteration.

Your data, stored by the Contractor on the server, is protected by a series of security systems, which prevent unauthorised access to them or breach.

 

8. Your rights

You have the right to access your personal data that we are processing, with certain legal exceptions. If you wish, you can disallow the collection and further processing of your personal data, and you can also – if necessary – correct it. Also, you can demand a limitation of the processing.

If the user requests it, we will delete or correct and incorrect or obsolete information.

If you do not agree with our processing of your personal data, you can file a complaint at your local data protection authority.

 

9. Complaints

If you would like to complain about the processing of personal information, you can contact us at any time. We will review your complaint and contact you if we need further information. We will acknowledge receipt of your complaint or objection within five working days. We will process any complaint or objection within one month. Any time before, during or after an appeal procedure, you may also refer the complaint to a local data protection authority or to another appropriate legal authority.

10. Contact information

Contact person of AERO PRINT, Bratovseva ploscad 34, 1000 Ljubljana, Slovenia (EU):

The contact person in the company is Maja Tomsic, tel. +386 1 23 555 66 e-mail [email protected]

Last update of statement: 1.1.2021

 

Terms of cooperation and supply for suppliers, subcontractors and external partners and associates

1. Each supplier, external collaborator, subcontractor or partner (hereinafter referred to as the "contractor") undertakes to comply fully with the Terms and Conditions in the performance of its tasks and duties for the contractor (Aero Print doo ordering, operating and using the site and other relevant information. " Each delivery (or performance) must be carried out in a timely manner, within the agreed parameters, in accordance with regulations and legislation and taking into account the relevant quality and safety standards.

2. The provider shall provide his services exclusively in the name and on behalf of the institution. In doing so, it communicates with the representatives of the final client of the institution exclusively according to the instructions and with the consent of the institution, on behalf of the institution. Disclosure of third party information, as well as marketing, advertising, sale of services or products in any form, is a gross breach of cooperation. Material compensation in the event of major violations of this Article shall be at least ten times the amount of the contractor's operations performed in the last quarter.

3. The Contractor shall issue an invoice for his services exclusively to the institution. Any disclosure of agreed prices, conditions and other business parameters is considered a disclosure of business secrets of the holder and bears material and criminal liability. The invoice must be in accordance with the offer or. confirmation of the order in writing from the holder. The holder is obliged to settle the invoice within the agreed deadline, which is usually 30 days after the execution. In the event of a delay in the settlement of obligations by the institution, the contractor is entitled to statutory default interest. Delay cannot be a reason to stop work or withdraw from an already agreed contract.

4. In case of insufficient quality of execution, delay in execution, non-compliance with the instructions of the contractor or the client's representative and complaints, the contractor is obliged to eliminate the complaint at his own expense as soon as possible, which must be approved by the contractor. If the institution has to rectify the error itself, it may charge the contractor a correction in the amount of twice the value of the transaction. In the case of coordination of the solution of the complaint due to the dispute, the holder has the right to charge the time spent and in the case of objective liability to charge the contractor. In such a case, the holder has the right to charge the contractor compensation for direct and indirect costs incurred due to delayed, deficient or incorrect performance or. supplies. In the event of a delay, the purchase value is reduced by 2% for each day of delay, and in the event of higher damage, as well as any additional compensation. Compensation in case of delay cannot exceed the value of the entire transaction.

5. Termination of cooperation may be effected in writing. This does not eliminate mutual obligations - the contractor's implementation of already agreed or. confirmed orders, and the obligation of the holder to settle the ordered and performed works and / or materials.

6. In case of major violations of the conditions, the holder reserves the right to charge the contractor for the damage caused and to detain or. compensates for this with any outstanding bills from the contractor, and may claim it for the remainder of the difference.

7. By accepting the confirmation of the offer or order, it is considered that the contractor knows and accepts these conditions. In case of disagreement, the parties undertake to resolve them peacefully, without the involvement of the final client, otherwise arbitration at the Chamber of Commerce and Industry or the competent court in Ljubljana is determined to resolve the dispute.

 

Last update: 1.1.2020

 

 

 

All content, concepts and texts on the Contractor's web pages, as well as in correspondence or other documents, are copyrighted and protected as such. Copying, reproduction or summarizing is prohibited without a clear reference to a source with a direct link. The offenders bear the material liability of abuse of rights.