General terms and conditions

1. Scope of Terms and Conditions, Exclusion of Conflicting Terms and Conditions

(1) Our General Terms and Conditions shall apply to all our offers, deliveries and services.

(2) Within a permanent business relationship, our General Terms and Conditions shall also apply to all our future offers, deliveries and performances relating to the Customer without requiring any further reference or agreement.

(3) Our General Terms and Conditions shall apply exclusively. We shall not accept different general terms and conditions of the Customer unless they have been confirmed by Infinitus in writing through commercial contracts or Purchase orders.

2. Conclusion of Contract, Scope of the Delivery, Prohibition of Assignment

(1) As a general rule, Infinitus offers are free of charge and non-binding, unless agreed upon otherwise in writing. Infinitus offers are subject to change and are non-binding. Any deal or agreement requires Infinitus written acceptance of order or delivery of the goods. The same shall apply to any amendments, changes or side agreements.

(2) Infinitus written acceptance of order or, in the event of lack of such acceptance of order, Infinitus offer shall be authoritative for the scope of delivery and the service to be rendered.

(3) All information about Infinitus products, in particular pictures, sizes, performance criteria and any other technical data contained in Infinitus offers and brochures shall be regarded as approximate average values. Tolerances in quantity, weight, number of pieces and dimensions customary in this line of business are expressly reserved.

(4) All documents and data on which Infinitus offer is based, such as technical drawings, illustrations, descriptions, weights and sizes, shall only be binding if expressly agreed upon in writing. We reserve the right to make minor changes and modifications to the extent such changes or modifications do not substantially impair the purpose of the contract and the delivery. All Infinitus documents and data remain Infinitus property. Such documents may neither be retained nor copied or otherwise reproduced or made available to third parties by the Customer and have to be handed out to us immediately upon Infinitus request. Even if documents are left to the Customer, Infinitus intellectual property rights remain unaffected hereby.

(5) The Customer shall not be entitled to assign any claims against Infinitus without our prior written consent. The same shall apply to any of the Customer's claims against Infinitus in connection with the contractual relationship which have arisen by operation of law.

3. Delivery Times

(1) If a term of delivery is agreed, such term shall begin at the earliest with the date of conclusion of contract, however, not before complete delivery of all necessary documents to be provided by the Customer and/or receipt of any advance payments that may have been agreed upon. If Infinitus should be unable to make a delivery due to reasons caused by the Customer, a term of delivery shall be deemed complied with if the item to be delivered has been handed over to a person in charge of the transport or has been notified to the Customer as ready for dispatch before such term of delivery has expired.

(2) A term of delivery shall be extended appropriately in the event of Force Majeure or any unforeseen obstacles which affect Infinitus or its suppliers. Such an unforeseen and extraordinary obstacle shall be particularly given in the event of unrest, strike, lock-out, fire, confiscation, embargo, statutory or official orders and constraints or incorrect and/or delayed self-supply, if and to the extent such obstacles have not been culpably caused by Infinitus and such obstacles have influence on Infinitus ability to timely fulfil its obligations under the contract. If due to such circumstances the term of delivery shall be extended for a commensurate period of time, the Customer shall be entitled to withdraw from the contract after expiry of such extended term of delivery. If the Customer is interested in partial performance of the contract, he may withdraw from such part of the contract that is yet unfulfilled. If Infinitus has already performed in part, the Customer may only withdraw from the entire contract if the Customer can evidence that he has no interest in partial delivery and/or service by Infinitus. Further statutory or contractual rights to withdraw from the contract remain unaffected hereby.

(3) If Infinitus should be in delay of delivery and after a reasonable grace period defined by the Customer has expired unsuccessfully, the Customer shall be entitled to withdraw from the entire contract or, if the Customer is interested in partial performance of the contract, withdraw from such part of the contract that is yet unfulfilled. Further claims of any kind, in particular claims for damages based on bad performance or damage caused by delay, are excluded.

(4) Infinitus is entitled to deliver before the expiry of the delivery date and to deliver in partial deliveries, unless agreed upon otherwise in writing.

(5) Defined delivery date (in number of weeks) to start running once all details are defined by Customer and accepted by Infinitus. In case Customer extends its demands connected to significant Purchase order during the production period, Infinitus has the right to prolong the expected delivery time. Customer to be informed about the prolongment.

4. Storage of finished products

(1) Upon conclusion of production process from Infinitus the customer is informed of the date the unit/-s will be ready for dispatch. Starting from the end of official production time period (10 weeks for standard products and 12 weeks from production start for costume products) Infinitus provides its customers one month free-of-charge storage of all finished products. If finished products are not dispatched within one month from the date of dispatch possibility notification, Infinitus will start charging a storage fee of 150,00 EUR/month/unit for each started period. If not otherwise agreed the customer will be required to cover the storage fee prior to dispatch of the products. All Infinitus internal logistics are included in the price above.

5. Prices, Payments, Partial Payments

(1) Infinitus stipulated prices shall be on an Ex Works Ljubljana, Slovenia basis and are net prices excluding VAT at the rate applicable at a time (even if not separately shown), costs for packaging, freight, assembly, postal charges, insurance costs, customs duties, any costs for bank or payment transactions as well as any other additional costs will have to be paid in addition.

(2) Infinitus invoices are immediately due for payment without any deduction.

(3) At the latest 30 days after the receipt of the invoice the Customer shall be deemed in delay unless circumstances exist (e.g. reminder or a shorter payment term or a payment term determinable by calendar) that cause the Customer to be deemed in delay earlier. When the Customers is in delay of payment, the Customer shall pay statutory interests.

(4) In the event of delay of payment Infinitus is entitled to make any further deliveries dependent on the complete settlement of such outstanding payments.

(5) Unless agreed upon otherwise in writing, Infinitus is entitled to unilaterally raise the prices and/or charges for freight in the event of substantial increases of salaries, prices of raw materials and supplies, energy costs, costs for freight and customs duties or other materials. The same shall apply to contracts for the performance of a continuing obligation.

(6) Furthermore, Infinitus is entitled to refuse its performance if and to the extent circumstances become known after the conclusion of the contract that give cause to reasonable doubts that the Customer will - in total or in part - not duly or timely perform, unless the Customer has provided adequate securities. This applies in particular if Infinitus commercial credit insurer refuses to insure the risk of non-payment of the purchase price after the conclusion of the contract.

(7) The Customer may only offset receivables due to Infinitus with counter claims, if such counter claims are undisputed or have been established by a court of law in an unappealable manner.

(8) Cheques and drafts will only be accepted as means of payment after previous agreement in writing. Any costs incurred by Infinitus resulting from such a payment shall be borne by the Customer.

6. Termination of Contract

(1) In the event of termination of the contract by the Customer before the delivery date, the Customer's duty to pay the purchase price remains unaffected hereby. Any expenses saved as a result of the termination or any profit not gained as a result of the non-delivery may be reduced from the purchase price. Infinitus is free to choose the appropriate calculation method.

(2) In the event of termination of contract by the Customer before the start of production of the items to be delivered, the amount which has to be reimbursed by the Customer shall be a lump-sum of 20 % of the purchase price. The Customer as well as Infinitus both are free to demonstrate that the actual damage incurred was higher or lower than this amount.

7. Passing of Risk, Dispatch, Packaging

(1) Unless agreed upon otherwise in writing, Infinitus deliveries are carried out on an Ex Works Ljubljana, Slovenia basis.

(2) The risk of accidental loss passes to the Customer no later than when the delivery item is handed over to the person in charge of the transport. This shall also apply if Infinitus is in charge of the transport even if Infinitus bears the costs for packaging and shipment. If the delivery is delayed due to reasons caused by the Customer, the risk already passes to the Customer on the day Infinitus has informed the Customer that the delivery item is ready for dispatch.

(3) Infinitus may at its own discretion determine the method of packaging, unless agreed upon otherwise in writing.

(4) A transport insurance is only provided upon the Customer's written request and only if the costs are borne by the Customer.

8. Warranty and liability

(1) Described in Infinitus imotion G7, imotion LITE and imotion FLOW warranty documents.

9. Import and Export Trade

(1) Infinitus is entitled to withdraw from an import- or export contract, if Infinitus or its suppliers have not obtained the required approvals or if the implementation of the contract is or becomes impossible due to official prohibitions. The Customer is not entitled to derive any rights therefrom.

10. Data Collection

(1) Infinitus accounts department is administrated by an electronic data processing system. Infinitus will record business related data within this system.

11. Place of Performance, Place of Jurisdiction, Applicable Law

(1) For all claims arising out of the business relationship between the Customer and Infinitus, the place of performance shall be Ljubljana, Slovenia.

(2) The exclusive place of jurisdiction for all claims resulting from the business relationship including claims from cheques and drafts shall be the place of performance. Infinitus is also authorized, however, to sue its Customer at his general place of jurisdiction.

(3) All disputes arising from contracts to which these General Terms and Conditions apply and all disputes arising from business relationship between Infinitus and its Customer shall exclusively be governed by Slovene law excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international private law.

12. Limitation of the Authority to Represent of our Employees

(1) Infinitus hereby explicitly declares that all its employees with the exception of managing director and authorized representatives, in particular its employed field staff and technicians, are not authorized to conclude supplements or changes to already concluded contracts, in particular not via telephone or verbally. Any changes to a contract shall only be valid if made in writing. Any changes to the contract require the consent of Infinitus management. The written form requirement shall also apply to a waiver of such written form requirement.

13 Final Clauses

(1) Should one or another provision of these General Terms and Conditions be or become fully or partly invalid, the validity of the remaining provisions shall remain unaffected hereby.

Cookie Policy

Informing and communicating with clients / subscribers

The company will contact the customer / subscriber through a specific communication media, if he gives consent. By completing the form, the customer / subscriber agrees to receive advertising e-mails, a consent is given to process the following data:

Name and surname,

E-mail address,

ID (Google analytics)

Advertising emails will contain the following components

And will be clearly and unambiguously marked as advertising messages.

The sender will be clearly evident.

Various campaigns, promotions and other marketing techniques will be designated as such.

The way to unsubscribe from receiving ad messages will be visually presented.

The sender will respect the user not wanting to receive advertising messages.

When registering to receive advertising emails, a user may authorize the use of his personal information for the following purposes:

[1] (OPTIONAL) Consent for tracking activities and interests on the https://www.infinitus-outdoor.com website and all associated sub-domains:

Export, storage and processing of data in the marketing automation tool, which helps us to keep track of your activities on the website https://www.infinitus-outdoor.com and all associated sub-domains. It enables us to perform ordered services, contact regarding your activities on the web pages and aggregation and anonymized analysis of the use of the website and its content.

All personal data are used exclusively for the purpose of providing our services, anonymised analysis and optimizing our operations and are not available to the public, unless the user explicitly gives consent.

[2] (MANDATORY) Consent to receive news about Infinitus d.o.o. offers and other innovations apply until cancellation and include:

using data to send regular e-news about our offer and news.

the use of data for occasional delivery of other content, such as ecommerce guides, ecommerce event notifications and such

Exporting, storing and processing data in a marketing automation tool that allows us to send these kind of news

data processing with pseudonymization (so that it can not be attributed to a specific individual)

[3] (OPTIONAL) The consent to receive personalized news and offers is valid until canceled and includes:

use of data for direct marketing

Re-targeting platforms to reintroduce products / offers

export and processing of data in digital advertising tools (use of e-mail for the preparation of anonymous user segments, in this case the e-mail cannot be attributed to a specific individual)

data processing with pseudonymization (so that it cannot be attributed to a specific individual)