Introductory provisions and definition of terms
Spring Up Alliance is a limited liability company up to the amount of registered founding capital of 221,014,083.00 dinars, the owner of the name, logo and trademark Divna®, copyright and other rights registered in the Intellectual Property Office of the RS.
The user is a natural or legal person who concludes a contract with Spring Up Alliance.
The contract is a legal transaction concluded in written form between Spring UP Alliance and the User , by which the User opts for a certain Subscription package, while Spring Up Alliance undertakes to deliver the agreed services and goods to the User in a timely manner. These General Terms and Conditions are an integral part of each individually concluded Agreement.
The subscription package is a multi-service package that includes the delivery and use of contracted water meters and the delivery of pre-contracted products by Spring Up Alliance , at a fixed price (i.e. monthly subscription), within the monthly delivery and invoicing period.
Models of water heaters:
A standard water dispenser is a device for dosing, cooling and heating water with a mini-fridge or with space for storing a spare bottle;
Lux water dispenser is a device for dosing, cooling and heating water with a hidden bottle in the lower part of the water dispenser;
Premium water dispenser is a device for dispensing, cooling and heating water with a mini ice maker;
The ice maker is a device for dosing and cooling water and making optional 3 sizes of ice from natural spring water;
A tabletop water dispenser is a device for dosing, cooling and heating water of small dimensions;
The POU device is a device equipped with a system for filtering, dosing, cooling and heating water from the water supply network;
Note: All standing water dispensers are devices with three non-contact faucets, which represents the highest health and safety standard.
The product is natural spring water in 11L or 19L bottles.
The bottle is a polycarbonate packaging for packing natural spring water.
Sanitization means cleaning and disinfection of water taps and POU devices.
The wonderful package includes:
– initial cost of preparation, sanitization and installation of water meters and user training;
– use and maintenance of water dispensers and packaging/bottles without additional compensation;
– free transport and delivery of full bottles, i.e. collection and transport of used empty bottles.
The price list is available in the official written documents of the Spring Up Alliance .
Distribution includes delivery of products and water meters to the place of installation according to the Agreement, i.e. delivery to the User’s address specified in the Agreement, primarily natural spring water in returnable packaging as well as other products in the Agreement. General business conditions
1. Subject to general business conditions
Spring Up Alliance undertakes to deliver to the User in the accounting period everything that is defined by the Divna package, which are defined in the Agreement as follows:
1.1. Delivery of natural spring water in special bottles with a volume of 11L or 19L, according to the recipient’s order in accordance with the points of the Agreement (quantity of products within the monthly subscription);
1.2. Use and maintenance of water meters in accordance with the provisions of the Agreement, i.e. in accordance with the type of Divna packages defined in the Agreement with a monthly subscription;
1.3. Periodic sanitization (disinfection and cleaning) of water taps in the periods specified in the Contract, and at the price defined in the Price List;
1.4. Delivery of products within the scope of additional consumption according to the User’s order, at the price defined in the Price List;
1.5. Free distribution to the contracted location, free installation and maintenance of water meters and free training for using the device;
1.6. Giving the contracted number of bottles on the reverse, for smooth distribution.
2. Rights and obligations of the User
Upon installation and trial commissioning of the water heater by the authorized persons of Spring Up Alliance, all responsibility for damage, destruction, loss of the device and lack of parts shall be transferred to the User .
2.1. The user is obliged to use the property of Spring Up Alliance with the care of a good host and in accordance with the instructions and purpose. The user is responsible for damage caused by negligent or careless use of Spring Up Alliance property contrary to its intended purpose. This implies the use of water other than that supplied by Spring Up Alliance , which can be established by adequate analysis;
2.2. The user has the obligation to inform Spring Up Alliance immediately, and no later than within two days, of any failure or disruption of the operation of water meters and to refrain from undertaking any actions in order to eliminate the failure or disruption. The user may not repair, service or use the water meter for other purposes. Acting contrary to what is stated in the previous sentence releases Spring Up Alliance from any responsibility. If the fault or malfunction of the water meter is caused by the User’s fault, the User will bear the costs of repairing or replacing the water meter. By signing the Subscription Agreement The user accepts the obligation to pay the invoice for the repair or replacement of the device if he/she has caused a breakdown or malfunction of the device due to negligence or his/her own fault Spring Up Alliance in the amount of the cost of the new device, increased for the uninstallation and sanitization of the old device and the delivery and installation of the new device, all according to the price list Spring Up Alliances;
2.3. The user can inform Spring Up Alliance by the last day of the month that for the next month he wants a smaller delivery of the contracted quantity of water bottles or that he does not want the delivery of the contracted quantity for the next month
quantity of bottles of water (minimum order is 2 bottles of 19L, i.e. 4 bottles of 11L), in which case he reserves the right to request the delivery of less delivered water in writing at a later period, during the duration of the Agreement, but in that case he is not exempted from regular payment of the agreed monthly subscription ;
2.4. The user must not move the water dispensers from the set location defined by the point of the Agreement without the prior consent of Spring Up Alliance , because otherwise they will pay a fine of 10,000 dinars per moved device. Also, he is obliged to immediately inform the Spring Up Alliance about the change
of their place of residence/headquarters, that is, about changes in data from all points mentioned when signing the Agreement, as well as all status changes, and no later than within 15 days from the day of the change;
2.5. During the duration of the Agreement, the User is obliged to allow Spring Up Alliance’s authorized persons to deliver and pick up packaging, control and inspect the way Spring Up Alliance’s property is used, as well as sanitizing devices in its premises at a pre-announced time interval;
2.6. The user cannot assign rights and obligations from the Agreement to a third party without the express written consent of Spring Up Alliance;
2.7. In case of loss or destruction of water meters, the User is obliged to pay compensation equal to the cost price of the new device (according to the price list of Spring Up Alliance), increased by the amount of delivery and installation, and all within 8 days from the date of issue of the invoice by Spring Up Alliance ;
2.8. During the validity of the Agreement, the User is obliged to purchase water exclusively from the Spring Up Alliance . In case it is established that The user uses other water or other products, he is obliged to pay the amount of 100,000 dinars for each installed water meter on which non-compliance with the provisions of this article is determined, and all within 8 days from the date of issuing the invoice by Spring Up Alliances.
3. Rights and obligations of the Spring Up Alliance
3.1. Spring Up Alliance has the obligation to deliver the first package to the Users within 48 hours from the date of conclusion of the Agreement for the territory of the city of Belgrade, and for the territory outside the city of Belgrade within 7 days from the date of conclusion of the Agreement. Each subsequent delivery will be made by Spring Up Alliance in agreement with the User . If the User does not accept the delivery of the contracted quantity during a certain month, Spring Up Alliance will inform the User before the end of the current month about the undelivered quantity of bottles and the right to request the delivery of the undelivered quantity during the duration of the Agreement. The user agrees that Spring Up Alliance can inform him about everything by phone. By signing the Agreement, the User gives his consent that, in order to improve the quality of services, phone conversations between the User and the Spring Up Alliance may be recorded;
3.2. Spring Up Alliance has the obligation to remove the malfunction or malfunction within 2 working days from the date of reporting a malfunction or malfunction of the water meter by the User , and if this is not possible, to replace the water meter without any compensation if the malfunction was not caused by the User’s fault ;
3.3. During the duration of the Agreement, the User can request a change of location twice a year. For each subsequent change of location (the third and each subsequent one), the User and the Spring Up Alliance will subsequently agree;
3.4. Spring Up Alliance undertakes to deliver the product in the quality parameters (physical-chemical and microbiological) specified on the bottles and analysis bulletins;
3.5. Spring Up Alliance is the exclusive owner of the water dispensers and bottles for the duration of the Agreement, as well as after the expiration of the Agreement;
3.6. Spring Up Alliance reserves the right to dispose of the advertising space located on the water dispensers, as well as on the product, and the User has no right to paste anything, write, draw or take any other action related to the above;
3.7. The Spring Up Alliance undertakes to regularly supply the User with the agreed quantity of products in terms of distribution and at the agreed time with the User , provided that the User regularly settles his obligations under the Agreement;
3.8. Spring Up Alliance will deliver to the User “full for empty”, so it will collect empty bottles from the User during delivery. All bottles of the Spring Up Alliance have their own uniqueness
identification number and bar code, so that the movement of the bottles and the complete history of the movement of each bottle are precisely known at any time.;
3.9. Spring Up Alliance does not have the obligation to conclude a contract with a person whose decision it judges to be unconscionable and can cause damage, especially with a person with whom it had concluded a contract, so it was terminated without the fault of Spring Up Alliance.
4. Distribution of products and packaging
Spring Up Alliance will install the water dispensers within the term of these General Terms and Conditions and deliver the product in the amount of packaging provided for in the Contract and to the place specified in the Contract.
4.1. Along with the first quantity of products from the previous paragraph , Spring Up Alliance will deliver to the User the number of bottles provided in the Divna package and one more bottle with the product, which will be given to the User ;
4.2. All deliveries to the User by Spring Up Alliance will be made on the basis of valid documents;
4.3. Spring Up Alliance will sanitize the device in order to maintain the hygiene of the device and water quality parameters in the periods specified in the Agreement at the price defined in the Agreement. The Spring Up Alliance will inform the User about the need for sanitization and indicate the day when the sanitization will be performed. The user is obliged to provide unimpeded access to the water dispenser to the authorized persons of the Spring Up Alliance in order to carry out sanitization. If the User refuses or does not allow an authorized person to carry out sanitization, an employee of Spring Up Alliance will state on a separate document that the User refuses sanitization. In that situation , Spring Up Alliance is not and cannot be responsible for any possible damage caused by the malfunction of the product or the water heater. If the User does not allow Spring Up Alliance to carry out the sanitization in the second offered period, Spring Up Alliance will suspend the delivery for health and safety reasons, and it will be considered as if the User did not complete the order for that month, with the User’s obligation to pay in accordance with the Agreement ;
4.4. If the User does not fulfill his obligations under the Agreement in a timely manner, Spring Up Alliance has the right to suspend the delivery of the product without delay. Spring Up Alliance reserves this right even in the case
fraud, abuse of trust, provision of incorrect data or invalid documentation by the User ;
4.5. The product packaging is returnable. Accurate records are kept of returnable packaging. Each bottle has its own unique identification number (bar code) and it is the property of the Spring Up Alliance.
4.6. Spring Up Alliance has provided the User with the number of bottles specified in the Agreement for the necessary, continuous and unhindered performance of its basic service.. User has the obligation to keep the bottles with the product in clean conditions even after use and not to remove the cap from the top of the bottle, the label or the barcode,
nor does he pour or bottle any substance. In the event that during delivery it is determined that the bottles returned by the User are damaged, either functionally or aesthetically , Spring Up Alliance has the right to refuse the receipt of damaged bottles and invoice the packaging according to the Price List;
4.7. On the basis of the contractual obligations and submitted invoices, the monetary amounts and values assumed by the User are determined, namely:
Standard water dispenser 25,000 dinars,
Luxury water dispenser 42,000 dinars,
Premium water dispenser 49,000 dinars,
Ice machine 43,000 dinars,
Table water dispenser 15,000 dinars,
Pou device 24,000 dinars,
Bottle 1,200 dinars,
Funnel on the lid of the water dispenser 1,200 dinars,
Dispenser for glasses 1,200 dinars.
5. Method of calculation, commercial transactions and terms of payment
5.1. Spring Up Alliance will issue and deliver an invoice for the contracted Divna package to the User upon delivery, i.e. at the end of the month. In the event that the User needs a new amount of products from Spring Up Alliance , during the billing interval, this will represent additional consumption that will be separately invoiced at the established price in the Price List;
5.2. The user is obliged to pay the contracted monthly subscription every month and for the month when, at his request, a smaller amount of water than the contracted amount is delivered to him or no bottle of water is delivered to him at all. In this case, as already stated in these General Terms and Conditions, the user reserves the right to request the delivery of the quantity of less delivered water from the previous period, in writing or in contact with the customer service, in a later period during the duration of the Agreement;
5.3. The user is obliged to pay the bill in the manner and within the period specified in the payment document. If the User has not received the invoice, this does not release him from the obligation to pay it, and upon his request, the invoice will be delivered to him again.
6. Force Majeure
Force majeure releases Spring Up Alliance and the User from liability in accordance with the law.
6.1. Force majeure means circumstances that occur independently of will or control, and could not be predicted or avoided;
6.2. If the force majeure lasts longer than 3 months, the contracting parties have the right to request a change or termination of the Contract, of which they must notify the other party in writing;
6.3. The contracting parties cannot claim compensation, compensation or settlement for losses incurred during the duration of force majeure. User force majeure cannot be invoked if the force majeure occurred after the expiration of the deadline for fulfilling the contractual obligation.
7. Duration and termination of the Agreement
The duration of the Agreement is specified in the Agreement itself.
7.1. Fulfillment by the deadline is an essential element of the Agreement;
7.2. If the User regularly and timely pays the obligations according to the invoices, and at the same time does not take over the product, the right to order, i.e. take over the product is lost at the end of every 12 months, and Spring Up Alliance is not obliged to return the paid funds;
7.3. If the Agreement was terminated after the date of termination of validity of the Agreement, the User may not dispose of the bottles in stock, i.e. the product that he did not use for the duration of the Agreement.
8. Transitional and final provisions
The contract is considered concluded on the day of signing by the Spring Up Alliance and the User.
8.1. The nullity of one provision does not entail the nullity of the entire Agreement or other provisions, if they can survive without void provisions;
8.2. The contracting parties undertake to respect confidentiality in the sense that they will not publish information about the content of the Agreement or confidential information about the activities of the other party;
8.3. An additional Annex to the contract will be signed for all issues that are possibly not regulated by this Agreement, and are related to special conditions of mutual interest;
8.4. For all disputes that may arise from this Agreement, Spring Up Alliance and the User will try to resolve the misunderstanding by agreement, and if they fail to do so, the competent court in Belgrade will have jurisdiction.