GENERAL TERMS AND CONDITIONS
COMPANY
AIRFUN PRODUCTS proizvodnja in storitve, d.o.o., Ljubljanska cesta 45, 1241 Kamnik, Slovenia
Registration number: 5640989000
VAT number: SI58489754
E-mail: Info@nubis-physio.com
General terms and conditions
General conditions of business (hereinafter referred to as "general terms and conditions") of AIRFUN PRODUCTS proizvodnja in storitve, d.o.o. (hereinafter referred to as the Company) are an integral part of all contracts between the Company and the purchasers of products or services (hereinafter also as: clients) operating with the Company.
The provisions of the General Terms and Conditions apply also to all offers, (pro forma) invoices, pre-contracts, legal statements and other services arising from the operations between the Company and the client.
Use of terms:
The client is a natural or legal person who is in a legal relationship with the Company, regardless of its legal or status form.
The consumer is any party who is a natural person and acquires or uses the goods or services of the Company for personal purposes or for purposes outside his professional activity.
An offer is a general term for an offer in a variety of forms, pro forma invoices or other forms of proposal for the conclusion of a contract that the Company communicates with the client.
The contract is a written agreement between the Company and the client. An offer or a pro forma invoice, which the Company sends to the client and is accepted or confirmed by the client, is also considered to be a contract. The subject General Terms and Conditions are an integral part of each contract.
The subject of the contract refers to Products, which are all products from the sales catalogue of the Company.
The transmission theory shall apply to informing the client of the delivery, conclusion, withdrawal or modification of the contract and any other information. This means that the date of the party's notification is the date on which the Company sends the notice by means of a communication medium.
The Company shall inform the client via e-mail, regular mail, telephone or in any other means agreed with the client.
Use of General Terms and Conditions
The general terms and conditions are preferential; therefore, they completely replace the missing, different and contradictory contractual provisions between the Company and the client.
The subject General Terms and Conditions shall replace any general terms and other documents of the client unless the application of subject General Terms and Conditions is explicitly excluded in writing by the Company.
The General Terms and Conditions herein constitute an integral part of the contracts concluded between the client and the Company. By signing a contract or by entering into a different contractual relationship, the client agrees fully with the content of the subject General Terms and Conditions and confirms that he is fully acquainted with the content of the subject General Terms and Conditions.
The subject General Terms and Conditions are accessible on the website: www.nubis-physio.com/terms-condition. General Terms and Conditions are also available at the business address of the Company, in physical form.
The General Terms and Conditions are binding on the consumer only if the consumer has been explicitly notified of their existence before the conclusion of the contract, pro forma invoice, pre-contract or offer.
Changes to General Terms and Conditions
In the event of a change to the General Terms and Conditions, changes shall become binding for the client on the day the client becomes acquainted with them.
In the event that any provision in the contract or General Terms and Conditions would be invalid or unenforceable or if a legal vacuum would arise, this does not affect other provisions of the contract or General Terms and Conditions, with the contracting parties agreeing that instead of invalid or unenforceable or non-existent provisions the provision closest to the purpose of the contract shall apply.
The Company and the client may exclude the application of individual provisions of the subject General Terms and Conditions, if such provisions are nonconforming with the provisions of the contract or with the general purpose of the contract.
General provisions
The client is obliged to inform the Company of any information and facts that are relevant for the establishment and continuation of the legal relationship between the client and the Company (change of residence or registered office, change of ownership or legal organisational form, insolvency, etc.),
The company collects certain personal information from clients. The types of personal data, the purpose of their processing and the legal basis for processing are governed by the Privacy Policy, which is an integral part of the General Terms and Conditions. Clients can be acquainted with the provisions of the Privacy Policy on the Company's website https://www.nubis-physio.com/privacy-policy.
All specifications and information relating to the weight, dimensions, price, volume, technical or other information included in catalogues, offers, advertisements, photographs, price lists, or other similar forms are considered only as informative guides and are not necessarily accurate and binding. These pieces of information do not in any way constitute a binding offer for the Company. The client cannot rely on these forms of records or advertisements, but can rely only on the information contained within an individualised offer or contract.
The company reserves the right to change the specifications or information described in the previous article, without prior notice to the client, and with the specifications and information being binding only if contained in the contract.
These Terms and Conditions are drawn up in the English language and the English language shall control its interpretation. By accepting these Terms and Conditions the client acknowledges that he/she/they understands the English language and has accepted these Terms and Conditions as such.
Ownership
Unless otherwise agreed in the contract between the Company and the client, the Company shall maintain its sole ownership, copyright and related rights to all documents necessary or provided in connection with the conclusion and / or execution of the contract.
Confidential information
Contracts entered into by the Company and the client represent confidential information. Any information that the Company provides to the client prior to the conclusion of the contract, such as different manuals, instructions, tables, price lists, business or financial information, etc. are also considered as confidential information. The Client undertakes to keep Company's confidential information in privacy for the duration of the contractual relationship and for 5 years after the expiration of the contractual relationship. In case of breach of the subject provision, the client shall be held liable according to applicable civil and criminal law.
Complaints and dispute resolution
Law of the Republic of Slovenia shall apply exclusively for the interpretation of these Terms and Conditions or contracts concluded between the Company and the client. The contracting parties undertake to resolve all disputes in a peaceful manner and in the event of exhaustion of all extra-judicial channels for reaching an agreement the dispute shall be settled by a court of competent jurisdiction in the Republic of Slovenia in relation to the place of the Company's registered office.
Pursuant to the statutory regulation, the Company does not recognize any institution of out-of-court settlement of consumer disputes as competent for resolving the consumer disputes which the consumer could initiate in accordance with the Law on out-of-court settlement of consumer disputes.
The company provides an efficient and confidential system for dealing with complaints. The complaint must be sent to the e-mail address Info@nubis-physio.com.
Within 5 working days from the receipt of the complaint, the company will confirm the receipt of the complaint and inform the client about the course and duration of the appeal procedure.
Company’s right of withdrawal from the contract
In case of violation of the terms of the contract or these General Terms and Conditions by the client, the Company has the right to withdraw from the contract without further notice to the client. In such a case, the Company returns any amounts paid to the client's bank account.
Furthermore, the Company has the right to withdraw from the contract in the event that a client other than the consumer becomes insolvent or if its funds in the business account are blocked for more than 15 days, and if the compulsory settlement procedure or bankruptcy procedure are proposed or initiated upon the client.
The Company has the right to withdraw from the contract, if the client fails to fulfill its obligations, if the client provides the Company with false information that makes it difficult or impossible to fulfil the contract and if it fails to pay its obligations under the contract and the subject General Terms and Conditions.
Regarding withdrawal from the contract provisions of Consumer Rights Directive 2011/83/EU are applicable.
Reviews, ratings and recommendations
The reviews, ratings and recommendations of subscribers are an integral part of the website and are intended for the user community. By posting a review, rating or recommendation, the user explicitly agrees with the terms of use of his review or commentary and allows the Company to publish it in part or its entirety in all electronic and other media available to the public.
The subject General Terms and Conditions are valid from 14.4.2023 until their cancellation or until the acceptance of the new general terms and conditions of the company AIRFUN PRODUCTS proizvodnja in storitve, d.o.o.