The following are the General Terms and Conditions of Sale of POGO MTECH Ltd.

General

The General Terms and Conditions of Sale of POGO MTECH d.o.o. regulate the legal relations between POGO MTECH d.o.o., Trebež 53, 8253 Artiče, registered number: 9178414000, VAT ID: SI99278090 (hereinafter referred to as the Seller) and the buyer of products and services.

The Seller's general terms and conditions are published on the website. www.pogo-mtech.com. The Seller's general terms and conditions are also referred to in the Buyer's orders and are an integral part thereof.
The General Terms and Conditions of Sale apply to all relationships established between the Seller and the Buyer, unless the Seller and the Buyer expressly agree otherwise regarding individual rights and obligations. The Buyer is obliged to familiarize himself with the Seller's General Terms and Conditions before placing an order.

Only written agreements are valid. Messages sent via appropriate telecommunications means (e-mail, possible SMS messages, etc.) are also considered written.
In the event of express written agreements between the Seller and the Buyer that regulate individual rights and obligations differently than these General Terms and Conditions of Sale, this does not affect the validity of the other provisions of these General Terms and Conditions of Sale.

The Seller's General Terms and Conditions of Sale shall prevail over all other General Terms and Conditions of the Buyer, unless otherwise expressly agreed between the Seller and the Buyer.
The official website of the Seller is www.pogo-mtech.com. The Seller's official telephone number is 070 404 626, the official email address is info@pogo-mtech.com.

Business

The seller operates via a website www.pogo-mtech.com and occasionally also in the branch office, the address of which is visible on the Seller's website. A distance contract is a contract concluded between the Seller and the Buyer on the basis of an organized distance selling or service provision system without the simultaneous physical presence of the contracting parties, managed by the Seller, who uses exclusively one or more means of distance communication for the purpose of concluding it up to and including the moment when the contract is concluded.

The buyer can submit an inquiry via the website as well as physically at the branch, provided that the conditions from the previous paragraph are met.

The seller operates in several world languages (instructions for using the goods), but key documentation is only in Slovenian or English (invoice, pro forma invoice, etc.).

Tenders and procurement

The Buyer's order becomes binding on the Seller only after the Buyer receives a written confirmation of the order from the Seller. The Seller sends the written confirmation to the Buyer electronically, i.e. to the email address specified by the Buyer.

If the buyer orders the goods at the seller's premises, the offer is binding on the seller from the moment the buyer pays for the goods according to the pro forma invoice.
The Seller guarantees the terms and conditions of the offer or estimate only within the validity of the offer or estimate.

In the event that the Buyer wishes to modify or cancel the order after receiving written confirmation of the order, the Buyer shall reimburse the Seller for all costs incurred by the Seller in doing so.
Notwithstanding the preceding paragraph, the Buyer may not cancel or modify an order after receipt of the Seller's written confirmation of the order if the goods are made to the Buyer's instructions and designs or exclusively for the Buyer, unless the Seller expressly agrees to this.

The offer is binding on the Seller only until the invoice is due for payment. If the invoice is due for payment, the offer is no longer binding on the Seller. The Seller is further bound by the offer only if the Buyer and the Seller expressly agree in writing to extend the payment deadline according to the invoice.

The Buyer must provide the Seller with accurate information regarding the Buyer's name, address, etc. when making an offer, i.e. all information that the Seller needs to be able to finalize the purchase.

In the event that the Buyer provides incorrect information, the Seller is not liable for the Buyer's errors, but the Seller will endeavor to ensure that the Buyer and the Seller correct these errors. If any costs arise in this regard, they will be covered by the Buyer.

The Buyer may only be a person who has reached the age of 18. If the Seller determines that the Buyer has provided false information regarding age, the Seller may withdraw from the Contract. In this case, it may claim compensation for damages in accordance with the rules of civil law.

Prices

Unless otherwise specifically agreed between the Seller and the Buyer, the Seller's prices are in accordance with the currently valid price list. The price list of goods is published on the Seller's website.

The Seller reserves the right, in the event of changes in world market prices for raw materials, labour and other operating costs and exchange rates, to adjust the prices even for those deliveries which have not yet been delivered on the date on which the price adjustment takes effect.

All prices are listed in euros.

The corresponding VAT amount is also listed next to the prices.

If the goods are discounted, the discount is visible on the seller's website and this price is also considered the purchase price.

If the buyer purchases goods in the online store, the price does not include the cost of delivering the goods. This cost is additionally included in the price when the buyer indicates on the website where he wants the goods to be delivered.

Payment terms

The payment deadline is the deadline or day when the buyer must transfer the entire invoice amount to the Seller's bank account. Payment is considered to have been made when the money (purchase price) is in the Seller's account or when the Buyer makes the payment to the delivery person (payment upon receipt).

Unless otherwise agreed, the buyer must pay for the goods/services according to the pro forma invoice. The goods must be paid for within the deadline specified in the pro forma invoice.

The buyer can make a purchase in several ways:

• cash on delivery,
• payment by pro forma invoice, i.e. by transfer to the Seller's bank account,
• payment by financing (e.g. leasing),
• payment by bank card,
• payment in installments (possible only with the express written consent of the Seller).

If there are any costs incurred due to a specific payment, the payment cost will be stated in the last step of the online purchase.

In the event that the Buyer has decided to pay the purchase price upon receipt, but upon receipt, the Buyer does not want to accept the goods or pay for the service, the Seller reserves the right to reimburse the damage incurred in accordance with the provisions of civil law.

If the buyer's solvency deteriorates significantly or if he is unable to provide sufficient payment security or if the buyer provided false information to the Seller when securing payment, all existing receivables shall become due for immediate payment, unless the buyer, at the Seller's request, provides appropriate security. The buyer must return the goods already delivered to the Seller at his own expense within 3 working days.

In the event of a delay in payment by installments, the Seller reserves the right to charge statutory default interest and all costs incurred in connection with reminders and collection.

The Seller shall issue an invoice to the Buyer when the Buyer receives possession of the goods. The final amount on the invoice shall generally fully correspond to the pro forma invoice on the basis of which the Buyer paid the purchase price.
The invoice issued contains all items that were charged to the Buyer, including VAT.

The Buyer may reject the invoice (the disputed invoice amount from the previous paragraph) no later than eight (8) days from receipt. The Buyer must explain and justify the rejection of the invoice in detail. The rejection of the invoice can be submitted via the Seller's official email address or physically by mail (in this case, the rejection is considered to be timely if it is posted within the deadline). The invoice can only be rejected if it does not contain the same items as the pro forma invoice, since the Buyer pays for the goods on the basis of the Pro forma Invoice. In the event of a delay or unfounded or insufficient explanation, the Buyer is deemed to accept the invoice in full.

In the event of the Buyer's delay in payment for fifteen (15) days or more, the Seller may change the terms of sale, including for deliveries of goods or services that have already been performed but not yet paid for, or withdraw from the contract without notice. In this case, the Seller may claim compensation for damages from the Buyer under the provisions of civil law, and may also demand the return of the goods already delivered from the Buyer.

The Buyer shall not be entitled to withhold payments or to set up counterclaims unless otherwise agreed in writing. The Buyer also undertakes not to assign to third parties, without the prior written consent of the Seller, any claims it has against the Seller, failing which the Buyer shall be liable to pay the Seller a contractual penalty of 25 % of the value of the assigned claim.

Supply and servicing

The Seller shall specify binding delivery deadlines in the written order confirmation. The delivery deadline shall commence on the day following the Seller's receipt of the Purchase Price from the Buyer. In the event that the Buyer determines that the purchase price will be paid upon receipt, the delivery deadline shall commence on the day following the Seller's confirmation of the order.

Delivery costs are calculated separately and are not included in the price of the product. The amount of delivery costs depends on the distance, location and any specific access requirements. The buyer is informed of the amount of delivery costs before the delivery is made (as already stated under the "prices" section).

The Seller will personally deliver the goods to the Buyer at the address specified by the Buyer as the place of delivery, unless the Seller and the Buyer expressly agree in writing that a third party will collect the goods for the Buyer. In this case, the Buyer must explicitly state where and to whom the goods are to be delivered.

The Seller will notify the Buyer of the delivery date of the goods at least one day before the delivery of the goods, using the telephone number specified by the Buyer in the order.

The Buyer is obliged to take delivery of the goods within the period specified in the order confirmation. If the Buyer does not take delivery of the goods within the specified period, the Seller may store them in its warehouse. If the Buyer does not take delivery of the goods within five (5) days from the date of the notification of readiness for delivery, the Seller may charge 0.5 % of the sales value of the goods stored by the Seller for the Buyer for each commenced day of delay, as the costs incurred by the Seller due to the storage of the goods, from the day the Buyer became late until the actual receipt of the goods. If the Seller cannot store the goods in its warehouse, it may store them in other suitable warehouses, at the Buyer's expense.

In the event of delay by the Buyer in taking delivery of the Goods, the risk of accidental destruction or damage to the Goods shall pass to the Buyer as from the day on which the Buyer is in default.

If the Buyer fails to take delivery of the Goods within twenty (20) days from the date fixed for collection, the Seller shall give the Buyer written notice to take delivery of the Goods within an additional period of not less than ten (10) days. If the Buyer fails to take delivery of the Goods even within the additional period, the Seller may sell them. The Seller may recover from the purchase price the costs incurred by it in doing so.

The Seller reserves the right to make partial deliveries.

In the event that the goods to be delivered are goods that require servicing (compressors, ventilation equipment, etc.), the Buyer undertakes to service the goods with the Seller for at least (five) 5 years after the expiry of the warranty period, unless otherwise agreed between the parties.

The Seller will notify the Buyer in writing that the service of the goods has been completed. The Buyer must take delivery of the goods within 5 working days. The Buyer and the Seller may agree in writing that the delivery deadline may exceptionally be extended for reasons attributable to the Buyer, but not for longer than 5 working days. After the expiry of both deadlines, accidental destruction or damage to the goods shall be the responsibility of the Buyer. After the expiry of the deadline, the Seller is entitled to storage costs as specified in this section above.

Retention of title

The goods remain the property of the Seller even after they have been delivered to the Buyer, until the Buyer has paid the full purchase price and any other obligations to the Seller, i.e. in the case of a purchase in installments.

The Buyer shall be entitled to resell the Products subject to the Seller's retention of title or to use them for manufacturing purposes, provided that this is the Buyer's normal business process and that the Buyer is not in default of its payment obligations to the Seller. The Buyer shall, in the event that it resells the Goods to its customers, assign to the Seller for security any claims it has against its customers arising out of the sale of the Goods.

The Buyer is obliged to notify the Seller of the assigned claims and the debtor. In the communication, the Buyer shall provide the Seller with all information that the Seller may need for the possible recovery of these claims. The Buyer shall also notify its debtor of the retention of title and of the assignment of the claims.

In the event that the Buyer defaults in payment of its obligations to the Seller, the Buyer's right to resell or use the Goods to its customers shall cease.

If the goods over which the Seller has a retention of title are mixed or transformed with other products, the Seller shall acquire title to such new products or other products to the extent of the value of the goods over which the Seller had a retention of title.

Until full title to the Goods has been acquired, the Buyer shall treat the Goods over which the Seller has a retention of title as a good steward and shall protect them from any damage or destruction.

A higher power

The Seller shall not be liable for partial fulfilment or non-fulfilment of its obligations if this is due to events which the Seller could not have avoided, prevented or remedied (force majeure). Force majeure shall be understood as events such as: fire, floods, earthquakes, riots, wars or armed conflicts, terrorist attacks, epidemics, power failures, internet outages, strikes or other work stoppages, due to administrative or other administrative restrictions or prohibitions such as. embargoes, confiscation, financial restrictions, transportation restrictions, shortages of materials on the world market, reductions in energy supply and other obstacles beyond the control of the Seller. Force Majeure shall also be understood to include shortages of materials or services from Seller's suppliers or companies engaged by Seller in the performance of its contractual obligations, as well as delays in their delivery of goods or services to Seller.

In the event that the Seller's performance is prevented due to the reasons referred to in the previous paragraph, the Seller must immediately notify the Buyer in writing via the electronic means specified in the order. In such a case, the performance period shall be extended for the duration of the force majeure and its consequences. The Seller shall endeavour to deliver the goods in the shortest possible time and shall inform the Buyer of all such circumstances in a timely manner. If the force majeure lasts for more than three (3) months, the Buyer or the Seller may immediately withdraw from the contract without compensation or similar compensation.

Withdrawal from the contract

Regarding withdrawal from the contract, the provisions of the Consumer Protection Act (hereinafter also: ZVPot-1) apply.

In the case of contracts concluded at a distance or outside business premises, the Buyer has the right to notify the Seller in writing within 14 days of his withdrawal from the contract, without having to give a reason for his decision. Withdrawal from the contract can be made electronically to the following address: info@pogo-mtech.com or by mail. If the withdrawal from the contract is given by mail, it is considered to have been given on time, if the withdrawal from the contract is given on time by mail. The burden of proof that the withdrawal from the contract was given on time lies with the Buyer.

In the case of a sales contract, the withdrawal period begins on the day when:

1. The Buyer or a third party other than the carrier and nominated by the Buyer acquires actual possession of the goods;
2. The Buyer or a third party other than the carrier and designated by the Buyer acquires actual possession of the last piece of goods if the subject of the contract is several pieces of goods ordered by the consumer in one order;
3. The Buyer or a third party other than the carrier and designated by the Buyer shall acquire actual possession of the last shipment or piece of goods if the delivery of goods consists of several shipments or pieces;
4. The Buyer or a third party other than the carrier and designated by the Buyer acquires actual possession of the first piece of goods if the delivery of the goods is regular within a certain period.

If the Buyer has already received the goods and withdraws from the contract, he shall return or hand them over to the Seller or to a person authorized by the Seller to take over the goods, immediately or no later than 14 days after notification, unless the Seller offers to take over the returned goods himself.

The Buyer is deemed to have returned the goods on time if they send them before the expiry of the 14-day return period.

In connection with withdrawal from the contract, the buyer bears the costs of returning the goods.

The buyer is liable for any diminished value of the goods if the diminished value is the result of conduct that is not strictly necessary to establish the nature, properties and functioning of the goods.
In the event of withdrawal from the contract, the Seller shall immediately or no later than 14 days after receiving the notice of withdrawal from the contract return all payments received.
The Seller shall return the received payments to the Buyer using the same payment method as the Buyer used, unless the Seller has expressly agreed to the use of another payment method and the Buyer does not incur any costs as a result.

The buyer is not entitled to reimbursement of additional costs incurred if he explicitly opted for a type of shipment other than the most affordable standard shipment offered by the company.

Warranty and material defects

The Seller guarantees that all goods are manufactured in accordance with the specifications and in accordance with global standards for such products. Unless expressly agreed otherwise, the Seller generally guarantees the flawless operation of the goods with a twenty-four (24) month warranty period (for some types of goods the period is shorter and this is explicitly stated in the warranty certificate).

The guarantee does not include:
• labor costs, travel expenses, and accommodation for repairmen;
• damage due to force majeure;
• parts that have been added or modified by an unauthorized person;
• damage due to improper use of the goods.

The guarantee does not apply in the following cases:
• in the event of tampering with the goods by an unauthorized person;
• if the goods are not used for the purposes for which they were made, or if they are used for purposes that exceed normal use;
• if the Seller's or manufacturer's instructions for use are not followed;

The buyer is obliged to inspect the goods or services immediately, or as soon as possible. The buyer must report any material defects immediately, but no later than eight (8) days from the date of delivery. In the case of hidden defects, the buyer must report them immediately, but no later than eight (8) days from the date of discovery of the defect.

The Seller is not liable for hidden defects that become apparent after six (6) months from the date of delivery. Any material defects or warranty claims must be reported electronically or by mail. The Seller does not take into account verbal defects or warranty claims.

In the event of a material defect or warranty claim, the Buyer must allow the Seller to inspect the goods. For this purpose, the Buyer must provide the Seller with all necessary information and pictures of the defective goods. In the event that the defect cannot be ascertained from the information and pictures obtained, the Buyer must also send the defective goods to the Seller.
In the case of technical acceptance, the Buyer must immediately complain of obvious defects at the time of technical acceptance.

Limitation of liability

The Seller shall not be liable for any damages suffered by the Buyer as a result of the Seller's delay in fulfilling its contractual obligations, in particular as a result of incorrect or inaccurate data, specifications, designs or any other information provided by the Buyer.

The Seller shall not be liable for damages not directly caused to the Goods, in particular for loss of profits, damage to other property of the Buyer, damage caused by equipment malfunction, production stoppage and/or other damage to the Buyer's property and non-property.
In any event, the aggregate and maximum liability of the Seller and its related persons, employees, officers and subcontractors shall be limited to the value of the goods which caused the damage event.

Protection of business secrets

The Seller and the Buyer agree to keep all information arising from the Contract Documents and other information arising from the Contractual Relationship confidential for a period of at least five (5) years after the expiry or termination of the Contractual Relationship.

Neither party may disclose the information from the previous paragraph or use it for any purpose not directly related to the exercise of rights and obligations under the contract, without the prior written consent of the other party, except in cases where the documentation must be handed over to state authorities upon request (inspection, FURS, etc.).
Trade secrets include sketches, diagrams, calculations, instructions, lists, letters, notes, prices, contractual documents and other data in materialized or non-materialized form.

Dispute resolution

All potential disagreements and disputes will be resolved by the Seller and the Buyer amicably. If the dispute cannot be resolved amicably within thirty (30) days of notification of the disputed event, the disputes will be submitted to the competent court in Maribor. The laws of the Republic of Slovenia shall apply exclusively.

Validity of the Terms and Conditions of Sale

These general terms and conditions of sale apply to all relationships, unless the Seller and the Buyer expressly agree otherwise in writing in advance.

If any provision of these general terms and conditions proves to be null or invalid, this shall not affect the remaining provisions of these general terms and conditions. In such a case, the Seller and the Buyer shall, by separate written agreement, replace the null or invalid provision with a new, valid provision in order to achieve the originally intended purpose.

The Seller reserves the right to change the provisions of these General Terms and Conditions.

These General Terms and Conditions are published on the website www.pogo-mtech.com and are valid from 01.10.2026.

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