General terms and conditions — DELACCO d.o.o.
Version: 1.1 / Effective date: 18 August 2025
Article 1: Basic provisions
1.1. These General terms and conditions (the “Terms”) govern all business relationships between DELACCO d.o.o., with registered office at Čabdin 53, 10450 Jastrebarsko, Croatia, OIB: 61037617977 (the “Seller”), and buyers that are legal entities or natural persons performing a registered business activity (sole traders, self-employed) (the “Buyer”).
1.2. These Terms apply to all orders, quotations, deliveries, and contracts concluded through the Seller’s online catalogue, by email, telephone, or other communication channels.
1.3. The Seller’s business model is exclusively wholesale (B2B). The Seller does not enter into agreements with consumers (natural persons acting outside their trade, business, or profession). The provisions of consumer protection legislation do not apply to business relationships governed by these Terms.
1.4. By submitting an order to the Seller, the Buyer confirms that it has read these Terms and accepts them in full.
Article 2: Offers and conclusion of contract
2.1. The products and prices displayed on the Seller’s website are an invitation to make an offer, not a binding offer of the Seller.
2.2. The contract of sale is deemed concluded at one of the following moments: a) when the Buyer accepts in writing (by email) the official quotation of the Seller; b) when the Seller confirms in writing (by email) the order submitted by the Buyer through the online catalogue or other channels.
2.3. The Seller reserves the right to refuse any order or offer of the Buyer without specific justification, in particular if the Buyer does not meet the criteria of a business entity from Article 1.3.
Article 3: Prices and payment
3.1. All prices are expressed in euros (€) and do not include value-added tax (VAT), which is calculated and shown separately on the quotation and invoice.
3.2. Payment is made by bank transfer based on a quotation or proforma invoice issued by the Seller. Different payment terms may exceptionally be applied if expressly agreed between the parties.
3.3. For goods that are not in stock at the Seller, the Seller reserves the right to request a deposit of 30–50% of the order value, with the balance payable before delivery, unless otherwise agreed.
3.4. In case of late payment, the Seller is entitled to charge statutory default interest.
Article 4: Delivery, lead times, and risk transfer
4.1. Lead times indicated on a quotation are informative and not fixed unless expressly agreed in writing that a fixed deadline is an essential element of the contract.
4.2. In the event of a delivery delay not caused by the Seller (e.g. delays at the manufacturer, transport, or customs), the Seller will inform the Buyer without delay. The Buyer is not entitled to automatically terminate the contract; instead, the Buyer must grant the Seller a reasonable additional period for performance.
4.3. The risk of accidental loss or damage to the goods passes to the Buyer at the moment the goods are handed over to the carrier. The Seller is not liable for damage occurring in transport.
Article 5: Returns
5.1. Given the B2B nature of the relationship, the Buyer has no general right to unilaterally terminate the contract or return goods that is otherwise provided by consumer protection legislation.
5.2. Returns are only possible if all of the following cumulative conditions are met: a) the Seller has given prior written approval; b) the goods are a standard product that was in stock at the Seller’s warehouse in Jastrebarsko at the time of order; c) the goods are unused, undamaged, and in their original, undamaged packaging.
5.3. Returns are NOT possible in the following cases: a) products procured to order from a partner’s central warehouse; b) special products, products configured to the Buyer’s requirements (e.g. forklifts with selected options), or products manufactured to a specific order; c) products that are used, mounted, damaged, or no longer in their original packaging.
5.4. In case of an approved return, the Buyer bears all transport and handling costs. The Seller reserves the right to deduct a re-stocking fee of 15% of the goods value.
Article 6: Liability for material defects and transport damage
6.1. Buyer’s duties at handover: the Buyer is required to inspect the goods at the moment of delivery, in the presence of the carrier. Any visible damage to packaging or the product must be reported immediately to the carrier and noted on the handover document (waybill, protocol). By signing the handover document without remarks, the Buyer confirms that the goods were taken over in apparently undamaged condition. The Seller is not liable for transport damage that has not been recorded in this way, because the Buyer’s omission would prevent recourse against the carrier.
6.2. Hidden defects: for defects unrelated to transport damage that were not visible at handover (hidden defects), the Buyer must notify the Seller in writing without delay upon discovery, with a detailed description and photographs.
6.3. The Seller is not liable for defects that appear after six (6) months from delivery, unless a longer warranty period is granted for a specific product.
6.4. In case of a timely and justified claim for defects for which the Seller is liable, the Seller will, at its discretion, repair the defective goods, replace them with new goods, or grant a proportional price reduction.
Article 7: Retention of title
7.1. All delivered goods remain the exclusive property of the Seller until the Buyer has paid in full the purchase price and any ancillary costs.
7.2. Until ownership is transferred, the Buyer must not dispose of, pledge, or otherwise encumber the goods.
Article 8: Governing law and jurisdiction
8.1. All relationships between the Seller and the Buyer are governed exclusively by the laws of the Republic of Croatia.
8.2. In the event of a dispute that cannot be resolved amicably, the parties agree to the jurisdiction of the competent court in Zagreb, Croatia.
Article 8a: Group orders
8a.1. For selected products the Seller organises group orders: a purchasing programme through which several Buyers jointly reach the manufacturer’s minimum order quantity for a given model. Participating products display a group order panel showing the required quota, the number of secured units and — once the first deposit has been received — the deadline for completing the group.
8a.2. A Buyer joins a group order by placing an order for the product and paying the deposit stated on the product page (as a rule 50% of the order value). The Buyer’s units count toward the quota from the moment the deposit is credited to the Seller’s account. The remaining balance is due before dispatch, in accordance with Article 3.
8a.3. If the quota is reached within the stated period, the group order is confirmed and the ordered units join the next consolidated shipment from the manufacturer. Lead times shown on the product page are indicative; Article 4 applies accordingly.
8a.4. If the quota is not reached by the deadline (including one possible extension announced on the product page), the group order is cancelled. In that case the Seller refunds each Buyer’s deposit in full, to the account from which it was paid, within 5 working days of cancellation. Instead of a refund the Buyer may request that the deposit be applied to the next group order round or to another product. The Buyer has no further claims against the Seller arising from the cancellation of a group order.
8a.5. Group order prices, including any first-buyer discount, apply exclusively within the group order programme and cannot be combined with other discounts or promotional programmes.
Article 9: Final provisions
9.1. These Terms enter into force on the date they are published on the Seller’s website and apply to all orders received after that date.
9.2. The Seller reserves the right to amend these Terms. Any change will be notified to Buyers via the website.