1 Scope of application
1.1 Pmu Factory d.o.o. with its registered address at Celovska Cesta 69c 1000 Ljubljana, e-mail address contact@brankobabic.com, shall hereinafter be referred to as Pmu Factory (any reference made herein to ‘us’, ‘we’ or ‘our’ shall be interpreted accordingly), and the contractual partner shall hereinafter be referred to as the Customer (any reference made herein to ‘you’ and ‘your’ shall likewise be interpreted accordingly)
1.2 These General Terms and Conditions (GTC) apply to all present and future transactions concluded via the Pmu Factory online shop (www.brankobabic.com) or the respective mobile application.
1.3 Offers provided at www.brankobabic.com are addressed exclusively to entrepreneurs within the meaning of Art. 1 of the Austrian Commercial Code (UGB), for whom any transaction at our PhiShop is carried out as part of their business. Consumers, as well as entrepreneurs, for whom a transaction is not part of their business operations, are excluded from executing any transactions via Pmu Factory. In the event that a Customer provides misleading information stating that he/she closes the transaction within the scope of his/her business operations, we reserve the right to rescind the transaction and to assert claims for damages.
1.4 By extending an offer to us, within the meaning provided in Section 4 below, you declare to agree to these GTCs. Any diverging terms and conditions applicable at your end shall not be binding on our end. This shall also include cases in which we do not expressly reject such diverging terms and conditions. Any terms deviating from these GTC shall be considered effective only if such terms are confirmed by us in writing. Our actions of contract fulfilment shall not be deemed as confirmation.
e, explosions, elements of nature, acts of God, acts or regulations of government bodies, nuclear, chemical or biological contamination not caused by such Party, court orders arising out of circumstances other than a breach of this Agreement by the affected Party, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts or labor difficulties, epidemics or by any other event or circumstance that is beyond the reasonable control of you or us, whichever is the entity unable to perform (the Nonperforming Party). Such event or circumstance giving rise to the default or delay is a Force Majeure Event.
The parties acknowledge and agree that COVID-19 is such Force Majeure Event, and it is not possible to foresee its duration, impact or extent (including measures and recommendations that may be put in place by regulators). As such, where our obligations are not performed, affected, and/or delayed and that is attributable to COVID-19, notwithstanding any other provision in the agreement, we will not be responsible for such delay, non-performance or failure. We will both act reasonable and meet without delay, discuss the affected obligations, potential work arounds and related issues in good faith and will document any agreed changes to the Agreement.
The Nonperforming Party will be excused from any further performance of the obligations affected by such Force Majeure Event for as long as such Force Majeure Event continues, and the Nonperforming Party continues to use commercially reasonable efforts to recommence performance.