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Larisa Bonetti Jançar s.p.
LBJ arhitekti,
Rimsky cesta 19
1000  Ljubljana


t: +386 41 687 910

Register no 6961118000 Commercial Court: Ljubljana

General Terms and Conditions

I. Validity

The services and offers as well as all contracts concluded with the client by LBJ architektin/Larisa Bonetti Jançar shall be based exclusively on these GTC, irrespective of the type of legal transaction. All our declarations of intent under private law are to be understood on the basis of these GTC. Any terms and conditions of the Principal(s) that conflict with or deviate from our GTC shall not apply unless we have expressly agreed to their validity in writing. Contractual performance on our part shall not be deemed to be consent to contractual terms and conditions deviating from our GTC.

These GTC shall also apply as a framework agreement to all further legal transactions between the contracting parties.

II. Conclusion of Contract

A) Our (fee) offers are non-binding and subject to change. Verbal promises, collateral agreements etc. which deviate from these GTC or other of our written declarations of intent shall not be binding. In particular those made by employees, delivery staff etc. are not binding on us. The content of brochures, advertising announcements, etc. used by us shall not become part of the contract unless express reference is made thereto.

B) If our order confirmation contains changes to the order, these shall be deemed to have been approved by the contractual partner, unless the contractual partner objects without delay. If offers are made to us, the party making the offer shall be bound by them for a reasonable period of at least eight days from receipt of the offer.

C) The content of the contract concluded with the contracting party primarily results from the written contract including annexes, the power of attorney and these GTC.
Point II. A) 1 and 2 sentence and B) shall not apply to consumer transactions.

III. Fee

A) Our services shall be calculated on the basis of the service objective, the scope of services, the service time and the circumstances of the service provision applicable to architecture in each case. If the parameters for the calculation change during the period of performance, the services rendered thereafter shall be charged on the basis of the new parameters.

B) Should the wage costs change between the conclusion of the contract and the performance of the service due to collective agreement regulations in the industry or internal company agreements or should other cost centres relevant for the calculation or costs necessary for the performance of the service, such as those for materials, energy, transport, external work, financing, etc., change, we shall be entitled to increase or reduce the prices accordingly.
Clause III B) does not apply to consumer transactions.

C) Additional services due to changes that are not attributable to the sphere of the architect and that require a reworking or reworking of individual areas, in particular as a result of official requirements, changes in relevant regulations and laws and as a result of changes in the client's wishes, shall be remunerated additionally in accordance with the increased scope of services.

IV. Terms of payment, interest on arrears

A) We are entitled to make our claims due for payment by submitting partial invoices, which may include value added tax at the statutory rate. Partial invoices are due within 14 calendar days, the final invoice within 30 calendar days, in each case after receipt of the invoice by the client. Without special agreement, the deduction of a discount is not permitted.

B) In the event of default in payment, we shall be entitled to charge default interest at the statutory rate from the due date.

V. Withdrawal from the contract

A) In addition to the general statutory reasons, we shall also be entitled to withdraw from the contract in the event of default in acceptance or other important reasons, such as, in particular, interruption of performance for more than three months by the Principal and failure to perform by the Principal. In the event of withdrawal, the provisions of the ABGB shall apply.

B) In the event of default in payment by the contractual partner, we shall be released from all further obligations to perform and deliver and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or - if necessary after setting a reasonable grace period - to withdraw from the contract.

C) If the contractual partner withdraws from the contract - without being entitled to do so - or unjustifiably requests its cancellation, we have the choice of insisting on the fulfilment of the contract or agreeing to the cancellation of the contract; in the latter case, point A) last sentence shall apply.

D) In the event of a justified withdrawal by our contractual partners, we shall only be entitled to the remuneration for the services until the effectiveness of the withdrawal.

E) The withdrawal must be declared in writing by registered letter.

VI. Reminder and collection charges

In the event of default in payment, the contractual partner shall reimburse us for the reminder charges incurred by us in the amount of a flat rate of € 15 plus postage per reminder issued as well as an amount of € 5 per half year for the keeping of records of the debt relationship in the reminder process. In addition, we shall be reimbursed by the debtor for all costs and expenses incurred by us as a result of the reminder or the collection of due payments, in particular the extrajudicial lawyer's fees etc. which are necessary for the appropriate prosecution.

VII Retention of Title

A) All items and documents (plans, calculations, etc.) shall be handed over by us subject to retention of title and shall remain our property until payment has been made in full. In the event of default, we shall be entitled to take back the goods at any time.

B) In the event that we reclaim or take back the item subject to retention of title, this shall only constitute a withdrawal from the contract if this is expressly declared.

C) The customer shall bear the full risk for the item subject to retention of title, in particular for the risk of destruction, loss or deterioration.

VIII. Prohibition of set-off

A) The offsetting of any counterclaims against our (fee) claim, for whatever reason, is not permitted.

B) Claims against us may not be assigned without our express consent.
Clause VIII A) does not apply to consumer transactions.

IX. Copyright

A) All our services rendered are protected by copyright.

B) Irrespective of whether copyright protection is recognised or not, the client shall only be granted the right to use the work for the contractually stipulated purpose on condition of complete fulfilment of the contract.

C) The contractor has the right to use data and information collected by him/her in the course of processing the order (also in digital form) without restriction. In particular, they may also be used for the fulfilment of a new order.

X. Retention or surrender of documents

A) Original plans, original drawings and written documents shall be kept by us as a matter of principle, whereby we may also make use of the electronic document archive of architects and civil engineers for this purpose. We are obliged to hand over paper copies of these documents to our contractual partner at his/her request against reimbursement of costs. If the handing over of documents in digital form is agreed, we shall not be liable in any way whatsoever. The client shall indemnify and hold us harmless in this respect. We do not accept any liability for errors or damage that may occur on the computer system of the recipient of the digital data. We use EDP programmes to avoid aggressive EDP programmes (viruses, worms, etc.).

B) Our duty of safekeeping ends ten years after the final invoice has been issued to the client. During this period we may release ourselves from our duty of safekeeping by handing over the original documents to the contracting party.

XI. Retention

In the event of a complaint, the contractual partner shall not be entitled to retain the gross fee amount paid up to that point.
Point XI does not apply to consumer transactions.

XII. Default

A) Insofar as the contractual partner has to pay his payment obligation in instalments, it is agreed that in the event of late payment of even one instalment, all outstanding instalments shall become due immediately without further notice.

B) Clause XII shall apply to consumer transactions if we have rendered our performance in full, even if only one overdue partial performance of the Principal(s) is due for at least six weeks, and if we have sent a reminder to the Principal(s) setting a period of grace of at least two weeks under threat of losing the deadline.

XIII Warranty, duty to examine and to give notice of defects

A) In the event of a rectifiable defect, we shall fulfil the contractual partner's warranty claims at our discretion either by replacement, repair within a reasonable period of time or price reduction. Claims for damages on the part of the customer aimed at remedying the defect may only be asserted if we are in default with the fulfilment of the warranty claims.

B) The contractual partner must notify us in writing of defects that were not already objected to in writing upon acceptance without delay, but no later than within one week of their discovery. If a complaint is not made or not made in time, our performance shall be deemed to have been approved.
Points XIII A) and B) do not apply to consumer transactions.

C) The warranty period for all services rendered by us shall be three years from the completion of the contractually agreed overall performance.

D) In the case of consumer transactions, in the event of a generic debt, we may release ourselves from the claims of the Principal(s) for cancellation of the contract or for a reasonable price reduction by replacing the defective item with a defect-free item within a reasonable period of time. We may be released from the obligation to grant a reasonable price reduction by effecting an improvement within a reasonable period of time in a manner that is reasonable for the consumer or by making good what is missing.

XIV. Compensation for Damages

A) All claims for damages are excluded in cases of slight negligence. The injured party must prove the existence of slight or gross negligence.

B) Claims for damages shall become statute-barred two years after the completion of our work, at the latest, however, within two years after the final fee invoice has been issued, unless the law provides for a shorter limitation period. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

C) Our plans and other documents may only be used for execution after any necessary official approval and express release by us, otherwise claims for damages are excluded.

D) With regard to section XIV A) and B) first sentence, the provisions set out in the Consumer Protection Act shall apply to contracts with consumers within the meaning of the Consumer Protection Act.

XV. Choice of Law, Place of Jurisdiction

Slovenian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is Englisch or Slovenian. The contracting parties agree to Slovenian domestic jurisdiction. The court with subject-matter jurisdiction at our registered office shall have exclusive local jurisdiction to decide on all disputes arising from this contract.
Point XV last sentence does not apply to consumer transactions.

XVI Place of performance

The place of performance shall be our registered office.

XVII Change of address

The contracting party shall be obliged to notify us of any changes to its residential or business address as long as the legal transaction which is the subject matter of the contract has not been completely fulfilled by both parties. If such notification is omitted, declarations shall be deemed to have been received even if they are sent to the last address notified.

XVIII Severability Clause

Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.

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