Last updated on 1st of June 2023
The products on air-shield.co are frequently updated. We strive to keep the information and photographs of the products updated and accurate. We apologize for any errors and encourage you to inform us about them at info@air-shield.co. If the items are out of stock, it is clearly indicated on the website.
The Terms and Conditions of CESI, proizvodnja in trgovina, d.o.o., are drawn up in accordance with the Consumer Protection Act (ZVPot), based on the recommendations of the Chamber of Commerce and Industry and the relevant international codes.
In these Conditions, “Seller” means CESI d.o.o.; “Buyer” means a customer that places on an order on Seller which is accepted by Seller; “Goods” means all items referenced on Seller’s order acknowledgement excluding Services; “Services” means any installation, commissioning, maintenance or other such services provided by Seller, as are referenced on Seller’s order acknowledgement and any written description or specification which has been provided to Buyer (“Services Specification”); “Deliverables” means the deliverables from any Services, as are referenced on Seller’s order acknowledgement or Services Specification; “Intellectual Property Rights” means any patents, trademarks, registered designs and all applications for registration of them, copyrights or design rights or any right which is similar or analogous to any of these anywhere in the world; “Incoterm” means one of the sets of terms defined by Incoterms 2010.
A.
These Terms and Conditions govern your use of our website and the purchase of products from our online store. By accessing our website and making a purchase, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please refrain from using our website or making a purchase.
B.
BY ACCESSING AND USING THIS WEBSITE, YOU: ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE; YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND, YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
Name: CESI d.o.o; Address: Kraška ulica 4, Sežana; Postal code and city: 6210 Sežana; Transaction account: IBAN SI56 1010 0005 8263 045 (Intesa Sanpaolo); Registration number: 8209448000; VAT ID: SI48768812; Registration: the company is registered with the District Court in Koper; Director: Volpi Andrej
A.
Website or in the email notification the customer receives upon placing an order.
A.
The Seller offers the following payment methods:
(i).
Payment by credit card (Visa/Mastercard/Maestro), PayPal, and universal payment order (UPN).
B.
The delivery costs will be clearly defined when ordering the products.
C.
These terms, as well as packaging and delivery costs, apply only within the Republic of Slovenia. For deliveries to other countries, delivery costs will be charged according to the shipping company's price list. Additionally, the buyer is responsible for any customs duties in countries outside Slovenia.
A.
The sales contract between the Seller and the Buyer is concluded at the moment when the online store sends the customer the first email regarding the status of their order. From that moment, all prices and other conditions are fixed and apply to both the online store and the customer. The Buyer is considered to be the person with the information provided at the time of placing the order. It is not possible to later modify the buyer's information. The condition for making a purchase is that the buyer is of legal age.
B.
The sales contract (order) is stored in electronic form on the Seller’s server, and upon confirmation of the purchase, the Buyer automatically receives an invoice to the provided email address.
C.
To prevent further sales, the purchase of certain promotional products is limited to 1 item per order.
D.
In case of frequent failure to collect sent packages, we reserve the right to blacklist a customer from being able to purchase further items.
A.
The prices include VAT. The prices are valid at the time of placing the order and do not have a predetermined validity period. The prices apply in case of payment using the aforementioned payment methods under the aforementioned conditions. The sales contract between the Seller and the Buyer is concluded at the moment when the Seller confirms the order (at which point the customer also receives an email stating Order Confirmed). From that moment, all prices and other conditions are fixed and apply to both the Seller and the Customer.
B.
All special offers on the website are valid until the specified date or until stock runs out.
A.
The Seller may conduct promotional campaigns or include additional gifts into orders. If a Buyer decides to take advantage of such a promotion, they also acknowledge and agree that they must return the gift if they make a partial or full return of the purchased items, unless the remaining value of the purchase still exceeds the threshold set for the gift, or if the Buyer exchanges the returning item for another item of equal value from the online store.Example: A Buyer receives a gift with a purchase over 300 EUR. Their purchase amounts to 600 EUR, and they receive the gift accordingly. Later, the Buyer wishes to return an item valued at 300 EUR. The total value of the purchase becomes 300 EUR, which means they are no longer eligible for the gift and must return it.
B.
Gifts or free items received by Buyer with a purchase cannot be returned, as they are not eligible for exchange or refund.
A.
In distance contracts, the Buyer (pursuant to Articles 43č and 43d of the Consumer Protection Act - ZVPot) has the right to notify the Seller, without stating a reason, of their withdrawal from the contract within fourteen (14) days by sending an email to info@air-shield.co. The deadline starts to run one day after the date of receiving the items.
B.
Returning the received goods to the Seller within the withdrawal period along with the withdrawal form is considered as a notification of withdrawal from the contract.
C.
The form for withdrawing from the contract for the items is available to users by clicking here.
D.
The Buyer must return the goods to the Seller no later than 14 days after notifying the Seller of their withdrawal from the order. The Buyer should return the goods to the following address: CESI d.o.o., Kraška ulica 4, 6210 Sežana.
E.
Upon receiving the goods, the Seller will refund the Buyer all payments made in accordance with the law. The only cost borne by the Buyer in relation to the withdrawal from the order is the direct cost of returning the goods. Cash-on-delivery shipments are not accepted and will be rejected upon delivery. In cases where, in contracts concluded outside of business premises, the goods were delivered to the Buyer’s home at the time of concluding the contract, the Seller will bear the cost of returning the goods if, due to the nature of the goods, it is not possible to return them by regular mail.
F.
The refund of the payments will be made as soon as possible and no later than 14 days from the receipt of the notification of withdrawal from the contract. For the purpose of ensuring certainty, accuracy, and timeliness of the refund, as well as maintaining a record of payments, the refund will be made by transferring the payment to the consumer's transaction account or the card used for the order payment.
G.
In the event of withdrawal from the contract where a bonus, discount code, or promotional code was used, these funds will be considered as a discount and will not be refunded to the Buyer. Only the maximum amount paid will be refunded to the Buyer’s bank account. In the case of a gift voucher, it will be considered as a means of payment upon withdrawal from the contract and will be returned to the Buyer as a gift voucher, while the paid amount will be refunded to the Buyer’s bank account.
H.
In exceptional cases when the items are not returned in accordance with the Consumer Protection Act, we may offer to repurchase the item with appropriate compensation, which will be determined by a written agreement upon return. The repurchase at a reduced value will be considered upon the Buyer’s confirmation via email. The Buyer can utilize this repurchase value exclusively when ordering another item of equal or higher value.
H.
The right to a refund in the case of warranty claims and material defects is regulated in more detail by the provisions of the Consumer Protection Act (ZVPot).
A.
A defect is considered material when:
(i).
The item does not have the properties necessary for its normal use or circulation.
(ii).
The item does not have the properties necessary for its specific use for which the buyer purchased it, and the seller was aware of or should have been aware of.
(iii).
The item does not have the expressly or impliedly agreed-upon characteristics or qualities, or those prescribed.
(iv).
The seller has delivered an item that does not correspond to the pattern or model, unless the pattern or model was shown only for informational purposes.
B.
Suitability is checked with another faultless item of the same kind, as well as with statements from the manufacturer or information provided on the item itself.
C.
The buyer must notify the Seller of any material defect, along with a precise description, within the legally prescribed deadline and allow the Seller to inspect the item or return it, or provide an unambiguous photograph of the item (depending on the item, the Buyer will be informed about the specific procedure).
D.
A claim for return due to a material defect can be made if the defect becomes apparent within two years from the date of receiving the goods. The buyer has two months from the discovery of the defect to notify the seller and request the enforcement of the material defect.
E.
The form for reporting a material defect is available by clicking here.
F.
The right to claim a material defect on an item is further regulated by the provisions of the Consumer Protection Act (ZVPot).
A.
Warranty Coverage
(i).
The warranty covers product defects and damaged products.
B.
Duration:
(i).
The warranty period lasts for a duration of 2 years from the date of purchase
C.
Remedies:
(i).
In the event of a warranty claim, the products will be replaced, unless they cannot be replaced due to unavailability or discontinuation. In such cases, a refund will be issued based on the condition of each individual product.
D.
Limitations: The warranty does not cover:
(i).
Damages caused by misuse
(ii).
Unauthorized modifications
(iii).
Damages during installation
(iv).
Damages caused by extreme weather conditions, such as but not limited to hail.
(v)
Damages caused by applying corrosive cleaning solutions or other chemicals to the product
A.
No other terms, conditions or representations about the Goods or Services shall apply unless specifically agreed by Seller in writing. No variation or waiver of these Conditions shall be effective unless made in writing signed by an authorised representative of each party.
B.
The Goods or any part of them are sold subject either to: (i) the “ex works” Incoterm; or (ii) another Incoterm referenced on Seller’s order acknowledgement; and the relevant Incoterm shall be incorporated into the Contract. If there is any inconsistency, the order of precedence shall be (i) any other terms or documents referenced on the order acknowledgement, (ii) these Conditions, and (iii) the Incoterm.
A.
Unless otherwise agreed in writing, or provided for in the relevant Incoterm, all prices quoted are: (i) ex works Seller’s premises.
A.
All delivery dates are estimates only and the time of delivery is not of the essence of the Contract. The Seller is not liable to compensate Buyer in damages or otherwise for non-delivery or late delivery of the Goods, Services, or any part of them, for whatever reason or for any direct or indirect loss arising.
B.
If Seller cannot deliver the whole or part of any Goods or Services because of any cause which is not reasonably within Seller’s control, the time of delivery shall be extended by a period equal to that during which the cause delaying delivery exists. If this Condition applies, Seller shall deliver and Buyer shall take and pay for such part of the Goods and Services as Seller shall be able to deliver in accordance with the Contract.
C.
Delivery shall be in accordance with the relevant Incoterm as communicated in these Terms and Conditions.
D.
Where the Buyer is to collect the Goods from Seller’s premises, it shall do so within 5 business days of receipt of Seller’s notice that the Goods are ready for collection, otherwise, Seller may charge Buyer for its costs associated with Buyer’s failure to collect within this time, including relevant holding and administrative costs.
E.
Where the Seller has arranged for carriage of the Goods, Buyer shall be deemed to have received such Goods unless it notifies Seller in writing of non-delivery.
F.
Upon Buyer’s receipt of shipment, Buyer shall immediately inspect the products. Unless Buyer provides Seller with written notice of any claim for shortage, defect or nonconformity in the products within fourteen (14) business days after receipt of shipment, such products shall be deemed finally inspected, checked and accepted by Buyer.
A.
All delivery dates are estimates only and the time of delivery is not of the essence of the Contract. The Seller is not liable to compensate Buyer in damages or otherwise for non-delivery or late delivery of the Goods, Services, or any part of them, for whatever reason or for any direct or indirect loss arising.
(i).
does not pay any sum due under this or any other contract between Seller and Buyer on time;
(ii).
being a natural person, dies or becomes bankrupt;
(iii).
being a company, enters into liquidation or if an administrator or receiver or administrative receiver is appointed over all or part of its undertaking, property or assets;
(iv).
enters or offers to enter into any arrangement or composition with his or its creditors; or
(v).
suffers anything similar or analogous to any of these events under the laws of any jurisdiction in which Buyer is incorporated, resident or carries on business.
B.
Buyer shall immediately give notification to Seller if any of the events in (ii)-(v) above apply, and in the case of death, Buyer’s representatives shall give such notification.
A.
Risk of loss of or damage to the Goods shall pass to Buyer at the time specified by the relevant Incoterm.
B.
Property in the Goods or in tangible Deliverables shall not pass to Buyer until Seller receives full payment (in cleared funds) for the Goods and Services. If Buyer does not pay for the Goods and Services on time then Seller shall be entitled to the immediate return of the Goods and Deliverables (or the documents of title to them) and Buyer hereby irrevocably authorises Seller to recover the Goods, Deliverables or documents and to enter any premises of Buyer for that purpose. Demand for or recovery of the Goods, Deliverables or documents by Seller does not affect Seller’s other legal rights.
A.
Buyer shall bring to the attention of all persons using the Goods, or where the Buyer is reselling the Goods, to the attention of its purchaser, all of Seller’s datasheets and/or instructions for the Goods including those referred to in Seller’s catalogues or brochures or which Seller has otherwise provided to or made aware Buyer aware of. Buyer shall take such steps as are necessary to secure that there will be available in connection with the use of the Goods adequate information about the use for which they were designed and about any conditions necessary to ensure that when put to that use they will be safe and without risk to health.
B.
Buyer shall not, and where Buyer resells the Goods, shall require its purchaser shall not remove any marking on the Goods referring any user to Seller’s instructions and/or recommendations for use.
C.
If either Buyer or its purchaser requires any information as to the use for which such Goods were designed and have been tested and about any conditions necessary to ensure that when put to that use they will be safe and without risk to health for the purposes of satisfying its obligations under any legal requirement relating to health and safety at work, Seller shall provide such information, subject to reimbursement of its out-of-pocket expenses incurred in providing such information.
Buyer shall indemnify Seller against all liabilities losses, interest, costs and expenses which Seller may suffer or incur in connection with any claim by any third party alleging facts which, if established, would indicate a breach of Buyer’s undertakings, representations and warranties or a breach by any purchaser from Buyer of any undertaking which Buyer is obliged to require from such purchaser
A.
Nothing in this Agreement changes the ownership of any pre-existing Intellectual Property Rights. Intellectual Property Rights created specifically for the Buyer as part of the Deliverables shall belong to the Buyer and all other Intellectual Property Rights shall belong to the party that created them.
B.
Conditions under 17C apply where a claim is made against Buyer that any part of the Goods or any use of the Goods for their intended purpose, infringes the Intellectual Property Rights of any person except where (i) Buyer has allowed the Goods to be altered.
C.
Provided that Buyer gives Seller prompt notice in writing of any claim of the type referred to in Condition 17B and allows Seller (if it so wishes) the entire control of the defence and settlement of the claim, Seller will pay any costs and damages awarded against Buyer in proceedings brought upon the basis of any such claim.
D.
If any claim of the type referred to in Condition 17B is made or is in the opinion of Seller likely to be made, then either (i) Seller shall be entitled to procure for the benefit of Buyer a licence to use the Goods for their intended purpose, or to modify or replace the Goods so as to avoid infringement without materially diminishing their utility for their intended purpose, or (ii) if the remedies in (i) are in the opinion of Seller not practicable at reasonable cost, Seller shall be entitled to require Buyer to sell the Goods to Seller at the original price after deducting an allowance for depreciation on a straight line basis over the useful life of the Goods, as reasonably determined by Seller.
E.
Seller shall have no other or further liability in respect of the alleged infringement of any Intellectual Property Rights other than as specified in this Condition 17.
F.
All drawings, materials, specifications and other data supplied by Seller (“Materials”) and all Intellectual Property Rights in them shall remain the property of Seller and, except where they have already been placed in the public domain by Seller, Buyer shall keep the Materials confidential and shall not use them for any purpose other than that for which they were supplied. Buyer shall destroy or return the Materials to Seller immediately upon Seller’s request and in any event, promptly upon Buyer’s requirements for the Materials having been satisfied.
G.
The Buyer and any third party or natural person in any legal relation with the Buyer should not publish the photos, pictures, drawings or descriptions of disassembled Goods, which discloses intellectual property of the Seller. If they are already published by the aforementioned person, they should be unpublished within five days from the receipt of the notice provided by the Seller. If the Buyer and any third party or natural person in any legal relation with the Buyer does not unpublish aforementioned information and the Seller confronts business damage, the Seller can claim damages for this purpose
THIS CONDITION SETS OUT SELLER’S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH THE CONTRACT.
All warranties, conditions and terms implied by law are excluded to the fullest extent possible.Nothing in these Conditions excludes or limits Seller’s liability for death or personal injury caused by Seller’s negligence, or for fraud or fraudulent misrepresentation, or for any other matter in respect of which it would be unlawful for the Seller to exclude or restrict its liability.Subject to Condition 18(i) and 18(iii) above Seller’s total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise arising under or in connection with the Contract is limited to the total price paid by Buyer under the Contract.
Further, and subject to such total liability:
(i).
Seller’s liability for defects is limited to the obligations in Conditions 8 and 9;
(ii).
Seller’s liability for breach of obligations under Condition 8 is limited to the price of therelevant part of the Goods or Services in question;
(iii).
Seller’s liability for Intellectual Property Rights claims is limited to the obligations in Condition 9;
(iv).
Seller’s liability for damage to tangible property is limited to making good or replacing damaged property;
(iv).
Seller is not liable for any direct or indirect loss of profit, revenue, data, contracts, business, or goodwill, or for any indirect or consequential loss, or any claims of third parties;
(vi).
Seller is not liable for any claim unless (a) full details of the claim have been given to Seller within 1 month of the matters giving rise to the claim becoming known to Buyer, and (b) legal proceedings in respect of the claim are begun within 12 months of that date.
Where Buyer resells the Goods or Deliverables by incorporation into Buyer’s products, Buyer shall indemnify Seller against any third party claims arising out of defects in Buyer’s products. This does not apply where the defect is caused by Seller’s Goods or Deliverables
A.
Seller’s acceptance of Buyer’s order is conditional on the receipt of any export licence, permit, answer to a rating enquiry from the applicable government(s), or other documentation required by the relevant authorities to comply with applicable export controls. Buyer acknowledges that Seller’s compliance with such export controls may delay a shipment and agrees that Seller is not liable for such delay.
B.
If Buyer intends to export or re-export any item after receipt from Seller (including deemed exports), Buyer shall request and obtain all necessary licences for the use and/or export of the item
A.
If any term or provision of the Contract is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term of the Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.
B.
Seller’s failure or delay to insist upon strict performance of any provision of the Contract, or to exercise any right or remedy provided under the Contract or by law, shall not be deemed to be a waiver thereof, or of any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
C.
The Buyer is informed and agrees that the data obtained while implementing the Contract or Purchase Order will be processed in the Seller’s IT system.
The Contract and any dispute or claim arising from or in connection with it (whether contractual or non-contractual) shall be governed by and interpreted in accordance with Slovenian law and Buyer irrevocably submits to the exclusive jurisdiction of the Slovenian courts, but Seller may enforce the Contract in any jurisdiction. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
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