General terms and conditions of the SARALU website
I. INTRODUCTORY PROVISIONS
1. These General Terms and Conditions apply to the jewelry sales service provided by Netbit j.d.o.o. with its registered office in Croatia, in Osijek, Trg Ante Starčevića 10, entered in the court register of the Commercial Court in Osijek under the registration number of the subject of registration (MBS): 030214960, OIB: 95717842074, (hereinafter the Seller), through its website www.saralu .com.hr (hereinafter: the Page). Giro account opened with: Erste & Steiermärkische Bank: IBAN: HR4024020061100913224
The SARALU brand and SaRaLu web shop are owned by Netbit j.d.o.o ..
2. These General Terms and Conditions apply to registered and unregistered users.
3. These General Terms and Conditions for the provision of jewelry sales service define the fundamental rights and obligations of the Seller and the User of the online store.
4. It is considered that the user is familiar with the current rules and conditions of use of the site, and when confirming the purchase, he confirms it. Acceptance of these General Terms and Conditions is a basic prerequisite for providing the service, and therefore before submitting the order the User is obliged to familiarize himself with the General Terms and Conditions of Service and confirm that the same conditions are understandable, and undertake to comply with them.
5. SARALU (Netbit j.d.o.o) reserves the right to change the general terms and conditions of business and use of the SaRaLu web shop pages at any time. The changes take effect at the time of publication, of which the user will be notified by e-mail.
6. SARALU (Netbit jdoo) completely disclaims any liability that may in any way arise from, or in any way related to the use of this website, for any actions of users using or abusing the content of this website, and for any damage that may occur to the user or any third party in connection with the use or misuse of the content of this website.
II. BASIC TERMS
7. In these General Terms and Conditions, the following terms, unless otherwise stated in the context, have the following meanings:
The General Terms and Conditions are the General Terms and Conditions for the provision of the online store jewelry sales service in force.
A user is any person, legal or natural, who accesses a website. The term user also includes a registered user.
A registered user is any fully capable person, legal or natural, who has registered to use the service on the website www.saralu.com.hr.
Misuse of the Site is any use, which is not in accordance with these General Terms and Conditions, or use without the intention to place an order or abuse for your own benefit or the benefit of third parties, regardless of whether the damage has occurred to the Service Provider. Copyright infringement is also considered abuse.
A product is a product that means the fulfillment of a user's order, and for which the user is obliged to pay the price listed on the page of that product.
Prices - all prices on this site are expressed in HRK. All prices displayed on the website are subject to change without notice.
The sales contract between the seller and the buyer is concluded at the moment when the seller receives the order and confirms the purchase by sending an e-mail confirmation of purchase to the address of the buyer. From that moment on, all prices and other conditions are binding on both the seller and the buyer.
The offer and prices for special promotions and discounts are valid until the expiration date stated on the website itself or until stocks last.
SARALU strives to keep information about items accurate and up-to-date, and distances itself from possible errors in published information. All information published on the website is indicative (example: product descriptions, specifications, photos, etc.). Images can be symbolic and do not always fully reflect real facts. SARALU assumes no responsibility or guilt for any errors or omissions in the content on this website, as well as for the accuracy of the information published, or is not responsible for the occasional non-functioning of the site or its parts. We reserve the right to make minor changes to the product description without the obligation to notify the user in advance.
III. ORDER PROCEDURE
8. Each user (unregistered - guest or registered) can buy products from the SARALU offer shown on the SaRaLu web shop www.saralu.com.hr
9. At the time of purchase, the prices that were valid at the time of order confirmation are valid. Prices on the online store The seller may change without prior notice.
10. The user submits an order for the delivery of jewelry via the website www.saralu.com.hr
11. The seller will deliver to the user a confirmation of receipt of the order, via the e-mail address specified by the user when creating the order. This e-mail will contain payment information (account number to which the user is obliged to pay money).
12. The Seller will, after the payment is visible on his invoice, deliver the ordered product to the User, within 2-5 working days from the day when the payment was visible.
13. The seller may also reject the contract in case it is determined that it cannot be performed in such conditions. The User will be notified in advance with the stated reasons for rejecting the contract, of course, if possible.
14. The Seller issues an invoice on a durable medium and informs the User about the possibility of canceling the purchase and about the manner in which the buyer can return the product.
15. The user can pay for the goods ordered through the online store www.saralu.com.hr by payment to the account (proforma invoice), cash on delivery or card by secure payment. You can pay for the products via any online banking or via a payment slip at the bank or post office. After receiving the order, the User will receive an e-mail to the e-mail address previously provided, together with all the necessary information about payment or transfer.
16. SARALU strives to deliver the ordered products in the fastest possible way. Most orders received by 12:00, if the products are in stock, will try to ship on the same business day, except weekends and holidays.
17. Orders, if the products are in stock, delivered from Monday to Friday by 12:00 h will be sent the same working day or no later than the next working day, so that the shipment can arrive at the address the user can expect within 2-5 working days .
18. In case of ordering a product that due to unforeseen reasons cannot be shipped in the promised time, the User will be notified of the new delivery date by e-mail. In case of impossibility of delivery, SARALU will contact the User and arrange a new delivery date, replacement product or cancellation of the order with a refund of the funds paid to the User.
19. Delivery is performed in cooperation with:
- Croatian Post - Package24
20. Delivery is also made outside the borders of the Republic of Croatia.
21. Ordered products can be picked up in person at the workshop. Users should announce this download option in advance by sending an e-mail to the e-mail address [email protected]
22. Shipping costs are as follows:
- Delivery service Hrvatska pošta - 30,00 kn if the User lives in Croatia, and 40 kn if the User lives abroad. Note: the price for overseas depends on the size of the package and the quantity of orders.
23. For orders within Croatia in the amount of more than HRK 500.00, delivery is free.
24. When taking over the shipment, the user is obliged to identify himself to the delivery service employee, inspect the shipment, and in case of correctness of the shipment, sign the delivery note, which confirms the receipt of the shipment. In case of visible damages, the User is obliged to report them directly to the courier, and refuse to accept the damaged shipment. By signing the invoice / delivery note, the user confirms that he / she inspected the product during the download.
If the User refuses to receive the shipment due to established and visible damage to the transport packaging, he is obliged to fill in the appropriate delivery service form, and notify the Seller via e-mail www.saralu.com.hr with the reason for refusing the shipment and state whether refund.
25. SARALU disclaims any liability that may arise from the moment of delivery of the shipment to the delivery service until the moment of delivery to the User.
V. YOUR ORDER CANCELLATION
26. Orders made on the website www.saralu.com.hr The user can cancel without additional costs and stating the reasons for cancellation, until the moment of sending the goods.
27. Notification of cancellation is possible only by e-mail: [email protected] In the e-mail, the User is obliged to provide the following information:
- Message subject: Cancellation of order
- The content of the message: a) user name, b) user address, c) order number
VII. CANCELLATION OF CONTRACT AND RETURN OF GOODS
28. The user can withdraw from the contract within 14 days after receipt of the ordered goods without the obligation to state the reasons for his decision. Return of the ordered product within 14 days of receipt is considered as cancellation of the contract. The only cost to the User in connection with the cancellation of the contract is the direct cost of returning the goods. It must be returned to the Seller no later than 14 days from the date of notification of the return. If the User withdraws from the contract, the Seller is obliged to return all paid money. The seller must refund the payment only after the goods are returned to him within 14 days of receipt of the returned product. The Seller may also refund the money before the goods are returned to him, ie after the User submits proof that he has sent the goods back to the Seller, provided that he notifies the Seller, but this is the good will of the Seller.
29. In order for the User to exercise the right to unilateral termination of this Agreement, he must notify SARAL of his decision to unilaterally terminate the contract before the expiration of 14 days from the date of receipt of the shipment by an unequivocal statement sent by e-mail to [email protected] will state your name, address, phone number.
30. The User returns the product by registered mail, together with the invoice within 14 days from the date of notification of withdrawal to the address of the Seller Trg Ante Starčevića 10, Osijek, Croatia.
31. It is considered that the User has fulfilled his obligation on time if he sends the goods or hands them over to SARAL before the expiration of the above-mentioned deadline.
32. All costs related to the return of goods, and related to the exercise of their right to unilateral termination of the contract under Article 72 of the Consumer Protection Act, shall be paid by the User. The user should return the product undamaged, in the same quantity and in the original undamaged packaging. The seller is not responsible for the cost incurred outside the General Terms and Conditions of the contract.
33. SARALU must refund the payment using the same means of payment used by the User during payment, unless the User explicitly agrees to another means of payment, and assuming that the User is not obliged to pay any additional costs for such refund.
34. The user is not entitled to unilateral termination of the contract if:
- SARALU has fully fulfilled the contract, and the fulfillment began with the explicit prior consent of the User and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract if the contract is fully fulfilled
- Subject of the contract for goods or services whose price depends on changes in the financial market that are beyond the influence of SARALU, and which may occur during the duration of the User's right to unilateral termination of the contract
- Subject of the contract goods that are made to the specification of the User or which is clearly adapted to the User
35. If the returned product is defective, with major damage or without parts and documentation and if it is not delivered within a subsequent period of 8 days, it is considered that the User has not fulfilled its obligation to return the goods and SARALU is not obliged to refund.
36. The Seller shall deliver the confirmation of receipt of the notification on unilateral termination of the contract to the User without delay, by e-mail.
VIII. LIABILITY FOR MATERIAL DEFICIENCIES
37. SARALU (Netbit j.d.o.o.) is liable for material defects of the product in accordance with the Civil Obligations Act (Articles 400-422).
38. SARALU shall be liable for material defects of the items that it had at the time of the transfer of risk to the User, regardless of whether it was known to him. SARALU is also responsible for those material defects that occur after the transfer of risk to the User if they are the result of a cause that existed before. It is understood that the defect that occurred within six months of the transfer of risk existed at the time of the transfer of risk, unless the Seller proves otherwise or otherwise arises from the nature of the thing or the nature of the defect. The seller is not liable for a minor material defect.
39. There is a material defect:
- if the thing does not have the necessary properties for its regular use or for trade,
- if the item does not have the required properties for the special use for which the User procures it, and which was known to SARAL or must have been known to him
- if the thing does not have the properties and characteristics that are explicitly or tacitly agreed, ie prescribed,
- when he has handed over to SARAL a thing which is not identical to the sample or model, unless the sample or model is shown for information only
- if the item does not have properties that otherwise exist in other items of the same type and that the User could reasonably expect according to the nature of the item, especially taking into account public statements of SARALU, manufacturers and their representatives on the properties of items (advertisements, marking items, etc.)
- if the item is incorrectly installed, provided that the installation service is included in the fulfillment of the sales contract
40. If, on the basis of statements made by the manufacturer or his representative, the User expected certain properties to exist, the defect shall not be taken into account if SARALU did not know or need to know about those statements, or these statements were refuted by the time the contract was concluded. the User's decision to enter into a contract. SARALU is not responsible for defects if at the time of concluding the contract they were known to the User or could not remain unknown to him. SARALU is also liable for defects that the User could easily notice if he stated that the item has no defects or that the item has certain properties or characteristics.
Excerpt from the provisions of the Civil Obligations Act:
Overview of things and visible shortcomings
(1) The buyer is obliged to inspect the received item in the usual way or give it for inspection, as soon as possible according to the regular course of the matter, and to notify the seller of visible defects within eight days, and in the case of a trade contract without delay, otherwise he loses the right. on that basis it belongs.
(2) When the inspection is performed in the presence of both parties, the buyer is obliged to notify the seller of his objections due to visible defects immediately, otherwise he loses the right that belongs to him on that basis.
(3) If the buyer has shipped the item without reloading, and the seller was aware or should have known of the possibility of such further shipment, the inspection of the item may be postponed until its arrival at the new destination, in which case the buyer must notify the seller about the shortcomings as soon as he could find out about them from his clients according to the regular course of things.
(4) In consumer contracts, the consumer as a buyer is not obliged to inspect the item or give it for inspection, but is obliged to notify the seller of the existence of visible defects within two months from the date of discovery of the defect, and no later than two years from the transfer of risk to the consumer.
(1) When, upon receipt of the goods by the buyer, it is shown that the thing has a defect that could not be detected by normal inspection when taking over the thing, the buyer is obliged, under threat of loss of rights, to notify the seller within two months when the defect was discovered, and in the case of a commercial contract - without delay.
(2) The seller is not liable for defects that appear after two years have elapsed since the delivery of the goods, and in the case of a commercial contract six months.
(3) In the case of the sale of second-hand goods, the contracting parties may agree on a period of one year, and in the case of trade contracts, a shorter period.
(4) The time limits referred to in paragraphs 2 and 3 of this Article may be extended by a contract.
Deadlines in case of repair, replacement, etc.
When, due to a defect, the item is repaired, another item is delivered, parts are replaced, etc., the deadlines from the previous two articles begin to run from the delivery of the repaired item, replacement of parts and the like.
(1) In the notice of defect, the buyer is not obliged to describe the defect in detail and invite the seller to inspect the thing, unless it is a commercial contract.
(2) If the notice of defect sent by the buyer in a timely manner by registered letter, telegram, fax or other reliable means is delayed or does not reach the seller at all, the buyer shall be deemed to have fulfilled his obligation to notify the seller.
The significance of the fact that the seller knew of the defect
The buyer does not lose the right to invoke a defect even when he has not fulfilled his obligation to inspect the matter without delay, or the obligation to notify the seller of the defect within a certain period, and when the defect became apparent only after two years, ie in commercial contracts six months from the delivery of the thing, if that defect was known to the seller or could not remain unknown to him.
Limitation and exclusion of liability for material defects
(1) Contractors may limit or completely exclude the seller's liability for material defects.
(2) The provision of the contract on limitation or exclusion of liability for defects is null and void if the defect was known to the seller and he did not inform the buyer, and then when the seller imposed that provision using his monopoly position and if it is a consumer contract .
(3) The buyer who waived the right to terminate the contract due to the lack of things retains other rights due to these defects.
Forced public sale
Liability for material defects is excluded in the case of forced public sale.
(1) The buyer who has timely and duly notified the seller of the defect may, at his choice:
1) require the seller to eliminate the defect,
2) require the seller to hand over another thing to him without defect,
3) demand a price reduction,
4) declare to terminate the contract.
(2) In each of these cases, the buyer has the right to repair the damage according to the general rules on liability for damage, including the damage that the latter has suffered due to the lack of things on his other goods.
(3) If the defect is insignificant, the buyer has no right to terminate the contract, but he has other rights from liability for material defects, including the right to repair the damage.
(4) The costs of eliminating the defect and handing over other things without the defect shall be borne by the seller.
Failure to fulfill the contract within a reasonable time
If the buyer does not receive the required performance of the contract within a reasonable time, he reserves the right to terminate the contract or reduce the price.
When the buyer can terminate the contract
(1) The buyer may terminate the contract only if he has previously given the seller a subsequent appropriate deadline for the fulfillment of the contract.
(2) The buyer may terminate the contract without leaving a subsequent deadline if the seller informed him after the notification of defects that he will not fulfill the contract or if the circumstances of the case clearly show that the seller will not be able to fulfill the contract later, as well as when the buyer delays of the seller cannot achieve the purpose for which he entered into the contract.
(3) If the manner of eliminating the defect, ie handing over another thing without a defect would result in significant inconvenience for the buyer, he has the right to terminate the contract or demand a proportional reduction of the price.
Termination of the contract by law itself
(1) If the seller fails to fulfill the contract within a subsequent period, it shall be terminated by law, but the buyer may maintain it if he declares to the seller without delay that he maintains the contract.
(2) The same shall apply in the case of performance with a lack of obligation in which performance within a certain period is an essential component of the contract.
(1) When only a part of the delivered thing has defects or when only a part of the thing is delivered, ie a smaller quantity than contracted, the buyer may terminate the contract in terms of previous articles only in respect of the defective part, or only in respect of the missing part or quantity.
(2) The buyer may terminate the entire contract only if the contracted quantity or delivered item forms a whole, or if the buyer otherwise has a justified interest in receiving the contracted item or quantity in its entirety.
When the seller gave the buyer a larger quantity
(1) By a commercial contract of sale, when the seller has given the buyer a larger quantity of goods than agreed, and the buyer does not declare within a reasonable time that he refuses the surplus, it is considered that he has received the surplus and is obliged to pay it price.
(2) If the buyer refuses to receive the excess, the seller is obliged to compensate the buyer for the damage.
When a price is set for more things
(1) When several contracts or one group of items are sold by one contract and for one price, and only some of them have defects, the buyer may terminate the contract only in respect of those items and not the others.
(2) However, if they form a whole so that their separation would be detrimental, the buyer may terminate the whole contract, or if he nevertheless declares to terminate the contract only in respect of defective items, the seller may terminate the contract in respect of other items.
Loss of the right to terminate the contract due to a defect
(1) The buyer loses the right to terminate the contract due to lack of things when it is impossible to return the thing or return it in the condition in which he received it.
(2) However, the buyer may terminate the contract due to a defect of the thing if the thing is completely or partially failed or damaged due to a defect that justifies the termination of the contract, or due to an event that does not originate from him or a person for whom he is responsible.
(3) The same shall apply if the item has completely or partially failed or been damaged in fulfillment of the buyer's obligation to inspect the item, or if the customer has consumed or altered a part of the item during its regular use before the defect is discovered and if the damage or alteration meanings.
Preservation of other rights
The buyer who, due to the impossibility to return the thing or to return it in the condition in which he received it, lost the right to terminate the contract, retains other rights given to him by law due to the existence of a defect.
Effects of termination due to deficiency
(1) Termination of a contract due to lack of property has the same effect as termination of bilaterally binding contracts due to non-fulfillment.
(2) The buyer owes the seller compensation for the benefit of the thing and when it is impossible to return it in whole or in part, and the contract is still terminated.
The price is reduced according to the ratio between the value of the defective item and the value of the defective item, at the time of concluding the contract.
Gradual detection of deficiencies
A buyer who has achieved a price reduction due to the existence of a defect may terminate the contract or request a new price reduction if another defect is subsequently discovered.
Deadline for exercising rights
(1) The rights of the buyer who timely notified the seller of the existence of a defect shall expire after the expiration of two years, counting from the day of sending the notification to the seller, unless the seller was prevented from exercising them by the seller's fraud.
(2) However, the buyer who informed the seller of the existence of defects in time may, after the expiry of this period, if he has not yet paid the price, request that the price be reduced or compensated, as an objection against the seller's request to be paid.
IX. SECURITY AND PROTECTION OF PERSONAL DATA
41. The seller provides all the necessary technological and organizational solutions for the complete security of your purchase. A safe purchase guarantees compliance with all applicable legal regulations and recommendations from consumer protection associations
42. The protection of personal data is regulated by the Personal Data Protection Act - We undertake that your data collected through the website www.saralu.com.hr will remain fully stored, protected and processed by Netbit j.d.o.o. We collect and use your personal data for the purpose of order processing, sending promotional materials, to improve customer relations. By registering on our website, you give your consent to the processing of your data for the stated purposes. The Registered User agrees that Netbit j.d.o.o .. may contact him in writing, by telephone or e-mail, and provide him with materials at his home address informing him of the benefits and novelties in his offer. At any time, the registered user has the right to request the correction, amendment or supplementation of inaccurate, incomplete or out-of-date information, and if he no longer wishes to receive our newsletters or promotional offers, written notice is sufficient.
Netbit j.d.o.o. undertakes to protect the personal data of registered users, by collecting only the necessary, basic user data necessary to fulfill our obligations, informing users about how to use the collected data, regularly giving users the opportunity to choose the use of their data, including the possibility to decide whether or not to remove their name from the lists used for marketing campaigns. All user data is strictly kept and is only available to employees who need this data to do the job. All employees of Netbit j.d.o.o. and business partners are responsible for adhering to the principles of privacy.
- Take a good look at the characteristics of the products listed in the offer on www.saralu.com.hr when choosing a product,
- Do not pick up the product if the packaging is damaged, but draw the deliveryman's attention to the damage to the packaging and ask him to return the product to us, because otherwise it is considered that you have picked up the product with undamaged packaging.
- When picking up, inspect the product and if there is visible damage (eg broken part, scratched product due to transport or storage) inform us as soon as possible and return the product without using it
- If the product has no visible damage, inspect it and if you are not satisfied you can return it, but do not use the product
In order to exercise the right to make a complaint, it is obligatory to enclose an invoice for the purchased product.