GENERAL TERMS OF PURCHASE
Please read the General Terms of Online Purchase carefully before using the website www.kristofola.com for the purpose of purchasing adverstised products or obtaining information about individual products.
The holder of all rights to the internet domain www.kristofola.com is the trading company Kristofola d.o.o. Using the services of Kristofola Webshop and all associated sites on the domain www.kristofola.com implies that consumers are at all times familiar with these General Terms of Purchase (hereinafter: General Terms), and that they fully understand and accept them.
These terms apply to the rights and obligations related to the purchase of products through the Kristofola Webshop, as well as the rights and obligations arising from the Contract of Sale at a distance (hereinafter: Contract) between Kristofola Webshop and the end consumer.
The provider of internet sales services through the Kristofola Webshop is the company Kristofola d.o.o.
BASIC INFORMATION
COMPANY NAME: Kristofola d.o.o.
HEADQUAERTERS: Vlaška 79, 10 000 Zagreb
OIB: 61178035791
MBS: 080091750
COMPETENT COURT: Comercial Court in Zagreb
IBAN: HR8424840081135060051, Raiffeisen Bank Austria d.d.,
Magazinska 69, Zagreb
SHARE CAPITAL: 2.654,46 € (fixed amount), fully paid
DIRECTOR: Ivan Prgomet
CONTACT PHONE: +385 (0)97 677 4054
CONTACT E-MAIL: prodaja@kristofola.com
1.GENERAL PROVISIONS
All data on the website www.kristofola.com are presented solely for informational purposes and in good faith. With these General Terms and Conditions, the Seller defines the relations between the Visitors, Buyers and the Seller, regarding the manner of ordering products, product prises, payments, deliveries, complaints, returns and shipping, protection of personal data and other issues related to the website www.kristofola.com and online shopping.
1.1. In these General Terms, terms written in uppercase letters have the following meanings:
-Seller: Kristofola d.o.o., Vlaška 79, 10 000 Zagreb;
-Buyer: a person who, via electronic communication, provides their personal data and orders al least one product offered on the website www.kristofola.com;
-Visitor: a person who, via electronic communication, accesses www.kristofola.com and, without registering, nfreely browses the content;
-Users: Buyers and Visitors of the website www.kristofola.com and all reated sites;
-Use of www.kristofola.com: access to the www.kristofola.com web page in order to obtain information about its content, offer, product and/or web store
-Online Shopping: making a purchase via electronic communication based on the information contained on the website, the product offers, and/or performing web activities;
-Products: all products that are highlighted on www.kristofola.com and which can be purchased trough the Kristofola Webshop.
Meaning of Terms Stated in These General Terms (words in the singular include the plural and vice versa, unless the context indicates otherwise).
1.2. By accessing the website through an appropriate technical means of access, each User is obliged to comply with these General Terms and agrees to be bound by the provisions of these General Terms.
1.3. The contract for the sale of products between the Buyer and the Seller is concluded at the moment the product is ordered, when the Seller receives an electronic message containing the Buyer’s statement accepting the offer, i.e., at the moment when the Seller receives the order for the Product from the Buyer.
1.4. These General Terms are drafted in accordance with the Consumer Protection Act (hereinafter: CPA), the Electronic Commerce Act (hereinafter: ECA), and the Obligations Act (hereinafter: OA) and, together with the information published on the website www.kristofola.com, constitute pre-contractual information in the sense of Article 60 of the CPA. By using www.kristofola.com, the User is deemed to be familiar with and to accept these General Terms. The Seller disclaims any responsibility for any issues that may arise due to the fact that the Visitor of the site, User, and/or Buyer did not read the General Terms.
2. LIMITATIONS OF USE AND RESPONSIBILITIES
2.1. The User agrees not to undertake the following actions: use the Seller’s website in any way that is contrary to positive regulations, introduce or distribute any content on the Seller’s website that is against positive regulations, modify, delete, or destroy any data on the Seller’s website.
2.2. Documents, data, and information published on the website may not be reproduced, distributed, or used in any commercial way without the explicit consent of the Seller or in any way that could cause damage to the Seller or any third party. Photographs, texts, and other materials available on the website www.kristofola.com may not be published, sold, publicly or privately disseminated, or used in any other way without the consent of the Seller. The Seller retains all copyrights on the use of photographs, texts, and other published materials, in accordance with positive legal regulations in the Republic of Croatia.
2.3. The Seller completely disclaims any responsibility that may arise in any way from or is in any way related to the use of the website, and for any damage that may occur to the User or any third party in connection with the use or misuse of the website content.
2.4. The Seller is authorized to change the content of these General Terms, the range of products, other data related to the online store, as well as all other content on www.kristofola.com without prior notice, provided that they are publicly posted on the www.kristofola.com website, which is why Users are obliged to review the content each time they visit the subject website. Any contrary actions release the Seller from any responsibility.
2.5. The services provided by the Seller within the scope of the Online Purchase on www.kristofola.com do not include costs borne by Users using computer equipment and services to access the pages. The Seller is not responsible for telephone, internet traffic, or any other costs, nor is it responsible for any damage that might occur due to the interruption of the internet connection during the use of the Online Purchase service.
2.6. The Buyer can only be an adult and legally capable person. Contracts on behalf of and for the account of minors or completely legally incapable persons can be concluded by their legal representatives, while partially legally capable persons can conclude a contract only with the consent of their legal representative. The Seller is not responsible for any actions contrary to this provision.
3. ONLINE PURCHASE THROUGH “KRISTOFOLA WEBSHOP”
3.1. Registration or a user account is created for one natural or legal person. By registering for the services of the Kristofola Webshop, the user receives user account data (username and password). Registration in the Kristofola Webshop is not mandatory, nor do Buyers who open a User account have any purchasing advantages over those who do not have a User account. The User account is intended for keeping records of desired products and personal data, which are then entered more easily and quickly into the order itself. Opening a User account is allowed for both adults and minors, while ordering and purchasing actions can only be performed by adults and fully legally capable persons. Likewise, instead of minors, their legal representatives or guardians can complete purchases, and partially legally capable persons can conclude contracts only with the consent of their legal representative. Actions contrary to this condition exempt Kristofola d.o.o. from any legal responsibility. The User account is not transferable to other persons. The user account of legal entities can only be used by the responsible person listed as such during registration. When filling out the registration form, the buyer is obliged to provide accurate, valid, and complete personal data.
By registering on the website, the user confirms:
• that they fully accept these General Terms;
• that they guarantee the completeness, accuracy, truthfulness and timeliness of the personal data provided;
• that they give the Seller explicit consent to process the provided personal data in accordance with the provisions of the Personal Data Protection Act, for the purposes of their own records and the provision of other services, creating a customer database, informing about new products and services, improving services, protecting the interests of Users and the Seller and preventing potential abuses.
3.2. The Seller is committed to regularly maintaining and providing clear and easily understandable information about the Products on offer to Visitors and Buyers on the www.kristofola.com website, in a manner adapted to remote communication means. At the time of ordering a particular Product from the offer, by agreeing to these General Terms, the User confirms that they have been informed in a timely manner before concluding the sales contract about the main characteristics of the product, the name and registered office, telephone number, e-mail address, geographic address of the place of business where complaints can be directed, the retail price of the products, transportation costs, payment conditions, delivery conditions and time, and the manner of resolving complaints, conditions, deadlines, and procedures for exercising the right to unilaterally terminate the Contract, consumer rights to terminate the contract concluded via remote communication means within 14 (fourteen) working days, situations where the consumer’s right to terminate the contract is excluded, costs of using remote communication means when the cost is not charged at the basic rate, the period during which the offer or price is valid, and these General Terms.
3.3. The Seller will provide the Buyer, as a consumer within the meaning of the provisions of the CPA, with confirmation of the pre-contractual information in writing or another durable medium accessible to the consumer, as soon as possible, but no later than at the time of delivery of the product. By agreeing to these General Terms, the Buyer agrees that the confirmation of the pre-contractual information will be sent to them by electronic mail to the email address provided as a contact when entering their order or by mail to the home address together with the delivery of the Product and invoice.
3.4. The Seller is not responsible for delays in delivery or any issues arising from incorrect or inaccurate Buyer data. Changes to data are possible after logging in, on the personal page, where you can also view data on active orders. The Seller is not responsible for damage and inaccuracies caused by changes to registered data.
3.5. If the Seller is unable to deliver any of the ordered products, they will contact the Buyer by phone or email and inform them of this. The Buyer has the option to cancel the ordered product or request a replacement product.
4. PRODUCT PRICES
4.1. All listed product prices are retail prices, expressed in euros, and include the applicable VAT. Delivery costs are not included in the product prices.
4.2. Prices, payment terms, and promotional offers are valid only at the time of order and/or payment and may change without prior notice.
5. PAYMENT METHODS
Possible payment methods on Kristofola Webshop are card payments and payment via general payment slip/Internet banking. Payment is available with Maestro, Mastercard, VISA, VISA Premium, and VISA Inspire cards.
Your order will be shipped when the funds are visible in our account. The entry and transfer of personal data and credit card number information are protected by the SSL protocol with 256-bit encryption provided by the SSL certificate issuer GeoTrust. Credit card authorization and payment are done using the WSPay™ system for real-time card authorization and payment.
6. LIABILITY FOR MATERIAL DEFECTS OF PRODUCTS
We are liable for material defects of products sold in accordance with positive regulations, particularly the Obligations Act of the Republic of Croatia and the Consumer Protection Act.
The seller is liable for material defects existing at the time of the risk transfer to the buyer (the moment the product is handed over to the buyer or a third party designated by the buyer who is not the carrier), regardless of whether the seller was aware of the defect. The seller is also liable for any material defects that appear after the risk transfer to the buyer if they are a result of a cause that existed before that time. It is presumed that a defect that appears within six months of the risk transfer existed at the time of the risk transfer unless the seller proves otherwise or it is evident from the nature of the product or the defect.
The buyer must inform the seller of visible defects within two months from the day the defect was discovered, and no later than two years from the risk transfer to the buyer.
If a defect that could not have been discovered through a standard inspection upon receipt of the product is found, the buyer must inform the seller within two months from the day the defect was discovered, under threat of losing the right. The seller is not liable for defects that appear after two years from the delivery of the product.
If a material defect is established, the seller, in accordance with the Obligations Act, may be required to:
1. remove the defect;
2. deliver another product without defects;
3. reduce the price;
4. terminate the contract.
In case the defects are due to improper installation, handling, storage, maintenance, or other improper actions by the buyer, the seller is not liable.
The product being claimed must include the original packaging (Kristofola) and be presented with the original receipt.
7. DELIVERY
7.1. Delivery conditions
Delivery is carried out by the delivery company MBE Adriatic d.o.o. using economy delivery service. Products will be packed so that they cannot be damaged by normal handling in transport. The buyer is obliged to check for any external damage upon receipt and immediately report it to the courier who delivered the shipment, or refuse to accept a shipment with visible external damage.
Orders cannot be placed for products that are unavailable at the time of the order. If an ordered product becomes unavailable after the order is placed, the Seller will inform the buyer (by phone or email) about the possible delivery time, and the Buyer can accept the new delivery time or cancel the order. If the Buyer cancels the order, the Seller will refund the money no later than 30 days after the delay occurred. All refunds are made via the Seller’s business account to the Buyer’s bank account.
7.2. Delivery time
After receiving the order, products will be delivered to the buyer’s address in the Republic of Croatia within 2-4 working days. For buyers within the EU, products will be delivered within 7-15 days.
7.3. Delivery cost
The delivery price for the Republic of Croatia is fixed at € 7. Delivery to other countries is charged based on the weight of the product (order package) and the country of delivery and it will be calculated automatically during the checkout process on the Kristofola Webshop.
8. CONTRACT TERMINATION AND PRODUCT RETURN
8.1. The Buyer has the right to terminate the purchase contract concluded outside the business premises and the distance contract within 14 (fourteen) days from the day the product is received by the Buyer, without stating any reason. The buyer must provide a written notice of contract termination to the Seller. In this case, the buyer is obliged to return the delivered product to the Seller at their own expense, to the Seller’s address.
8.2. The buyer has no right to terminate the contract in cases prescribed by Article 86. of the Consumer Protection Act.
8.3. The buyer has the right to return the product at the seller’s expense if the delivered product is not the one ordered.
8.4. “Consumer” means any natural person who, in contracts covered by this Directive, is acting for purposes that are outside their trade, business, craft, or professional activity.
8.5. Cancellation and termination of the Contract
The Buyer can cancel an order at any time until the product is delivered to the Buyer by sending a cancellation statement via email to: prodaja@kristofola.com. The Buyer can unilaterally terminate the contract within 14 days without giving a reason. To exercise the right to unilaterally terminate this contract, you must notify us of your decision to unilaterally terminate the contract before the deadline with an unequivocal statement sent by mail or email, providing your name and surname, address, phone number, or email address, and you may also use the attached example of the unilateral contract termination form. Refunds can only be made after the product is returned or after proof of return is provided.
The Buyer must hand over or send the product to the following address: Kristofola d.o.o. (for Kristofola Webshop), Vlaška 79, 10000 Zagreb, without undue delay, and in any case no later than 14 (fourteen) days from the day the buyer informed Kristofola d.o.o. or Kristofola Webshop of their decision to unilaterally terminate the contract. According to the Consumer Protection Act (NN 41/14, Article 77), the buyer must bear the costs of returning the product. The buyer is responsible for any reduction in the value of the product resulting from handling the product.
If at the Buyer’s request the service began to be performed during the period for unilateral contract termination, the Buyer must pay Kristofola d.o.o. an amount proportional to what was delivered up to the moment the buyer informed Kristofola d.o.o. of the unilateral termination of the contract.
Unilateral Contract Termination Form here.
An example of the unilateral contract termination form on our website can be completed and submitted electronically. We will confirm receipt of the notice of unilateral termination of the contract without delay by email.
8.6. Refunds
If you unilaterally terminate this contract, we will refund the money we received from you without delay, and no later than 14 days from the day we received your decision to unilaterally terminate the contract. In case of a refund, the seller returns the amount in the official currency of payment, which may differ from the currency in which the buyer paid for the product. Refunds can only be made after the product is returned or after proof of return is provided.
8.7. Product return
Return or hand over the product to us without undue delay, and in any case no later than 14 days from the day you sent us your decision to unilaterally terminate the contract. It is considered that you have fulfilled your obligation on time if you send or hand over the product before the end of the above-mentioned period.
8.8. Return shipping costs
You must bear the direct costs of returning the product yourself.
8.9. Consumer responsibility for reducing the value of the product
You are responsible for any reduction in the value of the product resulting from handling the product, except for handling necessary to determine the nature, characteristics, and functionality of the product.
9. DURATION OF THE CONTRACT
The contract concluded by the buyer for the purchase of products is a one-time contract that is executed by the delivery of goods by the seller and payment by the buyer unless terminated.
10. SUBMISSION OF WRITTEN COMPLAINTS
According to Article 10 of the Consumer Protection Act, the seller allows all Buyers to submit their complaints by mail or email to the Seller’s address: Kristofola d.o.o., Vlaška 79, 10000 Zagreb, or to the Seller’s email address: prodaja@kristofola.com, and the Seller will notify the Buyer of the received complaint. The Seller will respond to all comments and complaints no later than 15 days from the day the complaint is received.
11. OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES
In case of a dispute, according to the Law on Alternative Dispute Resolution, we propose alternative dispute resolution before one of the bodies designated for alternative consumer dispute resolution operating in the Republic of Croatia:
1. Center for Mediation at the Croatian Association for Mediation, Zagreb, Kneza Mislava 12, info@mirenje.hr;
2. Profi Test d.o.o., Mediation Center “Mediator”, Bjelovar, Petra Hektorovića 2, medijator@medijator.com.hr;
3. Center for Mediation at the Croatian Chamber of Commerce, Zagreb, Roosevelt Square
