general business terms

GENERAL BUSINESS TERMS

SELLER INFORMATION

RETRO DESIGN doo

Dalmatinska ulica 22, 10360 Sesvete - Soblinec

OIB: 48522168716

VAT id : HR48522168716

Email: info@retrodesign.hr

Phone number: +385 1 3464 790 and +385 99 8445 838

Bank account (IBAN): HR3923400091111151211opened with Privredna banka Zagreb dd

SWIFT: PBZGHR2X

The company is registered in the court register of the Commercial Court in Zagreb under the number MBS 081389473

The share capital in the amount of HRK 20,000.00 has been paid in full.

Board member: Marija Stjepanović

DEFINITIONS

seller is the company RETRO DESIGN doo with the data listed in the Data on the seller.

Buyer is any natural or legal person who chooses a product, puts it in the cart or orders it by e-mail, pays by credit card, Internet banking, payment slip at a bank, post office or financial agency and sends an order to the Seller or sends an order and pays for the product in cash. or collection from the Seller (cash on delivery).

The Consumer is a natural person who enters into a contract of sale with the Seller outside his trade, business, craft or professional activity and to whom the provisions of the Consumer Protection Act apply. The provisions of the Civil Obligations Act and the Electronic Commerce Act apply to all non-consumer customers.

The user is any person who visits the website at https://retrodesign.hr/

A commercial warranty is the Seller's obligation as a guarantor to return to the Buyer the price paid or to replace, repair or service the item if the item does not meet the specifications or other requirements specified in the warranty statement. The invoice and the statement on the commercial guarantee are the only documents through which the Buyer can exercise the rights from the Commercial guarantee.

GENERAL

These General Terms and Conditions govern the relationship between the Buyer and the Seller, regarding the terms and manner of ordering products, product prices, terms and methods of payment, Seller's liability for material defects, terms of the Commercial Warranty, the Buyer's right to written complaint, product delivery terms and other issues important to the Buyer-Seller relationship.

The buyer is obliged to check the valid Terms before each purchase. These Terms are available to Users at all times in a way that allows them to save, reuse and reproduce. These General Terms and Conditions are considered an integral part of any contract of sale concluded between the Seller and the Buyer through the Internet store.

The content of the Seller's website is available in Croatian. The official language for concluding contracts is Croatian, and Croatian law applies to concluded contracts. In the event of a dispute, the territorial jurisdiction of the court with actual jurisdiction in Zagreb is agreed.

PRE-CONTRACT NOTICE

These General Terms and Conditions are also a pre-contractual notice for Consumers and Buyers concluding a contract with the Seller without the simultaneous physical presence of the Seller and the Consumer in one place, using only one or more means of remote communication. can be used for the conclusion of distance contracts, such as the Internet and e-mail, without the simultaneous physical presence of the trader and the consumer

These General Terms and Conditions also constitute a pre-contractual notice when the contract of sale is concluded by the consumer, ie any natural person who enters into a legal transaction or operates on the market outside his trade, business, craft or professional activity, and if the contract is concluded between systems of sales or provision of services without the simultaneous physical presence of the trader and the consumer in one place, where until the moment of concluding the contract and for concluding the contract only one or more means of remote communication are used.

Remote communication means are all means that can be used for concluding distance contracts without the simultaneous physical presence of the trader and the consumer, such as the Internet and e-mail.

REGULATIONS

These General Terms and Conditions are subject to the Consumer Protection Act in relation to Consumers and the Civil Obligations Act, the Electronic Commerce Act and other applicable regulations to all Customers.

PRICES

All prices represent retail prices and are expressed in kunas (HRK) and include VAT and are valid for all methods of payment at the time of purchase. Retail prices are valid in the case of payment by the methods below and under the conditions below.

Featured retail prices are valid upon receipt of the order. Special offers are valid only at the time of ordering and are subject to change by the Seller without prior notice.

INTERNET SHOP

The online store is open every day, 24 hours a day. We reserve the right to suspend the sale of some or all of the products for a definite or indefinite period of time or to restrict or completely disable access to the online store pages for a definite or indefinite period of time. We have the possibility to cancel the order due to obvious errors in the online store (eg visibly wrong price).

PRODUCT ORDER

The product is ordered via cart. The product can be ordered as a registered user or as a guest. The contract between the Seller and the Buyer is concluded at the time when the Buyer places the order. The Seller will inform the Buyer about the fact of concluding the contract immediately by e-mail by submitting the Order Confirmation . The order confirmation contains information about the order, delivery address, method of payment, price / prices, contact details of the Seller's customer service and other necessary information.

Along with the confirmation of the order, the Buyer will be provided with the General Terms and Conditions of the Internet Store and the Notice of the right to unilateral termination of the contract, which is an integral part of the Form on unilateral termination of the contract is an integral part of which the Form on the right to unilateral termination of the Contract is delivered in the specified manner, ie by e-mail.

After sending the order confirmation, the Buyer can change the order only via the e-mail address: info@retrodesign.hr

On the web shop, the customer can pay for his order by clicking on "Buy". In the basket, they will then see the total amount of the purchase, including value added tax (including the costs of additional possibly selected services, such as delivery).

After the order is executed by the Buyer, the Seller will send the Buyer by e-mail the General Terms and Conditions together with the confirmation of receipt of the order by which the Seller confirms that the order was received and processed and the Buyer will be notified of the Seller's order.

The deadline for making certain products from our production is 1 to 3 weeks.

IMPOSSIBILITY OF DELIVERY OF PRODUCTS ON TIME OR AT ALL

In the event that the Seller is unable to deliver a particular product within the prescribed time, the Seller will notify the Buyer by e-mail, by delivering a Notification of delays in delivery of ordered goods who may choose to cancel the order or accept a new delivery date. If the Buyer decides to cancel the order for this reason, the Seller will return the amount paid to the Buyer (increased by statutory default interest) without delay, and no later than 7 days from the date of delay in delivery of the product. In the event that the Buyer refuses to receive the correct and undamaged product, the Seller has the right to ask the Buyer to reimburse all costs incurred in connection with the delivery.

In case the Seller is unable to deliver the product, the Seller will notify the Buyer by e-mail and return the amount paid to the Buyer (increased by statutory default interest) without delay, and no later than 7 days from the date of delay in delivery.

If the Buyer decides to cancel the order, the Seller will return the money paid to the Buyer (increased by statutory default interest) without delay, and no later than 7 days from the date of cancellation.

The Seller is not obliged to fulfill its contractual obligations if the Buyer does not pay the purchase price and is not obliged to deliver the product until the time of receipt of the purchase price, unless the Buyer has chosen the method of payment by cash on delivery. If for some reason the Buyer does not pick up the shipment and returns it to the Seller, the Seller will not repeat the delivery, except in agreement with the Buyer. Before repeating the delivery, the Buyer must submit a confirmation of payment of the cost of repeated delivery, in accordance with the instructions he receives, otherwise the product will not be delivered.

COMMERCIAL WARRANTY

All products for which the Seller provides a warranty apply to the warranty conditions stated in the warranty statement. The seller guarantees that the product used in accordance with the enclosed instructions and the warranty statement will function properly during the warranty period. In the event of a malfunction and other possible defects, the Merchant undertakes to carry out repairs within a reasonable time or replace the product in accordance with the Civil Obligations Act. The right to use the guarantee is exercised only upon presentation of the invoice and the statement of guarantee. The buyer is obliged to keep the warranty statement and invoice.

LIABILITY FOR MATERIAL DEFICIENCIES

The Seller is responsible for material defects of the product that the product had at the time of the transfer of risk to the Buyer.

The Consumer is obliged to inform the Seller about the existence of visible defects within 2 months from the day when he discovered the defect, and no later than 2 years from the transfer of risk to the consumer. The non-consumer buyer is obliged to inspect the received product and present it for inspection and inform the Seller about visible defects within 8 days, and in the case of trade contracts without delay, otherwise he loses the rights that belong to him on that basis.

Material defects for which the Seller is responsible

The Seller is liable for material defects of the goods that it had at the time of transfer of risk to the Buyer, regardless of whether it was known, as well as for those material defects that occur after the transfer of risk to the Buyer, if they are due to a pre-existing cause .

In which cases there is a defect

The disadvantage is there

if the item does not correspond to the description, type, quantity and quality, ie it does not have functionality, compatibility,

interoperability and other features as defined in the contract of sale,

if the item is not suitable for any special purpose required by the customer and with which the customer is

met the seller at the latest at the time of concluding the contract and in relation to which the seller has given his consent,

if the item is not supplied with all accessories and instructions, including installation instructions, how

is determined by the contract of sale

Unless the Consumer has been specifically informed that a particular feature of the item deviates from the criteria used to determine defects in this way and so the Consumer has expressly and separately accepted this.

Disadvantages also exist

if the thing is not fit for use for the purposes for which the thing of the same kind would normally be used, taking

take into account all regulations of the European Union and regulations of the Republic of Croatia, technical standards or, in the absence of such technical standards, applicable codes of conduct in a particular area, if any,

if the item does not match the quality and description of the sample or model made available by the seller to the buyer

before concluding the contract,

if the item is not supplied with accessories, including packaging, installation instructions, or others

instructions, the receipt of which the customer can reasonably expect,

if the item does not match the quantity or does not have those properties and other features, including those related to

durability, functionality, compatibility and security, which are common to an item of the same type and which the buyer can reasonably expect given the nature of the item and taking into account any public statements made by the seller or other persons in previous stages of the transaction chain, including the manufacturer, or given on their behalf, in particular in advertising or labeling,

if the thing is incorrectly installed or assembled, and the installation or assembly service forms part of it

of the contract of sale and performed by the seller or the person for whom he is responsible or

if the thing that was intended to be installed or assembled by the customer is incorrectly installed

or mounted by the customer, and improper installation or assembly is due to a lack of instructions provided by the seller or, in the case of items with digital elements, provided by the seller or supplier of digital content or digital services.

Material defects for which the Seller is not responsible

The Seller is not liable for defects if they were known to the Buyer at the time of the contract or could not remain unknown to him, but the Seller is also liable for defects that the Buyer could easily notice if he stated that the item has no defects or that the item has certain properties.

The trader is not responsible for defects that appear after two years have passed since the delivery of the goods.

Overview of things and visible shortcomings

The 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.

If the existence of a material defect is established, the Seller may have one of the following obligations, all in accordance with the provisions of the Law on Obligations according to the consumer's choice:

1) require the seller to eliminate the defect,

2) require the seller to hand over other items without defect,

3) demand a proportional reduction in the price,

4) declare that it terminates the contract.

Removing defects

The Buyer has the right to choose between repairing and replacing the item, unless the chosen method of eliminating the defect would be impossible or if it would incur disproportionate costs to the Seller compared to another method of eliminating the defect, taking into account all circumstances, especially the value of the defective item. and the question of whether the repair or replacement can be done without significant inconvenience to the Customer. The seller is entitled to refuse to remove the defect if repair and replacement are impossible or would cause disproportionate costs taking into account all circumstances, especially the value of the defective item, the significance of the defect and the question of whether repair or replacement can be done without significant inconvenience to the buyer.

The Buyer's right to a price reduction and termination of the contract due to material defect

The Buyer has the right to reduce the price or terminate the contract only if the Seller has not eliminated the defect or refused to do so or did not eliminate the defect, if the defect exists despite the Seller's attempt to eliminate it, or if the Seller has stated that it will not eliminate the defect. that it will not eliminate the defect within a reasonable time or without significant inconvenience to the Buyer and if the defect is so serious as to justify an immediate reduction in price or termination of the contract.

The Buyer has the right to refuse to pay any outstanding part of the price until the Seller fulfills its obligations based on liability for material defects.

Repair or replace defective items

Repair or replacement of defective items is carried out free of charge, within a reasonable time from the moment the Buyer notifies the Seller of the defect and without significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer needed the item.

When repairing or replacing, the Buyer is obliged to make the item available to the Seller, and the Seller is obliged to take it over and bear the costs of taking over.

If the buyer does not receive the required fulfillment of the contract within a reasonable time, he reserves the right to terminate the contract or reduce the price.

The Buyer may terminate the contract only if he has previously given the Seller a subsequent reasonable deadline for fulfillment.

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 if the Buyer is late. may achieve the purpose for which he entered into the contract. If the manner of eliminating the defect, ie handing over other things without a defect would result in significant inconvenience for the buyer, he has the right to terminate the contract or demand a proportional reduction in the price.

COMPLAINTS

The complaint can be reported in the showroom from which the product was delivered or by e-mail: info@retrodesign.hr

The ordered products are packed in such a way that they are not damaged by the usual handling in transport / delivery.

In the event that the shipment is damaged in transit, such damage is visible when picking up the shipment, in which case the Buyer is not obliged to pick up the shipment.

In the event that the defects are the result of unprofessional installation, delivery, storage, maintenance or other unprofessional interventions of the buyer, the Merchant is not responsible.

The exercise of rights under the reported complaint is exercised in accordance with the Law on Consumer Protection and the Law on Obligations.

TERMINATION AND TERMINATION OF THE CONTRACT

The Customer may cancel the order at any time until the time of delivery of the product to the Customer.

The order is canceled by sending a statement of order cancellation by e-mail to info@retrodesign.hr

If the order is canceled before the products have left the Seller's warehouse, the Buyer has the right to request a refund of the total amount paid for the products and other selected services.

After the cancellation of the order, the Buyer will receive a Confirmation of the cancellation of the order by e-mail .

The right to terminate the contract under Section IV, Article 72 of the Consumer Protection Act:

The consumer has the right, without giving reasons, to unilaterally terminate the contract concluded outside the business premises or concluded remotely within 14 days.

The period in question begins to run from the day when the goods that are the subject of the contract are handed over to the Consumer or a third party designated by the Consumer, who is not the carrier.

If the Consumer has ordered several pieces of goods to be delivered separately with one order, or if the goods are delivered in several pieces or more shipments, the deadline starts from the day when the Consumer or a third party designated by the Consumer, which is not carrier, handed over the last piece or last shipment of goods.

If the Seller does not notify the Consumer of the Consumer's right to unilateral termination of the contract, this right expires within 12 months of the termination period (12 months begins to run after the 14-day period provided for regular termination in case of proper notice). If, on the other hand, the notice of the right to unilateral termination is submitted within 12 months, the right to unilateral termination shall terminate after the expiration of 14 days from the day when the Consumer receives such notice.

The consumer is obliged to inform the Seller about his decision to terminate the contract before the expiration of the term for unilateral termination of the contract by means of the Form for unilateral termination of the contract which can be found here: Form for unilateral termination of the contract or by any other unequivocal statement , sent by e-mail to the Seller's address: info@retrodesign.hr or by registered mail to the Seller's registered office: Dalmatinska 22, 10360 Soblinec .

A copy of the form for unilateral termination of the contract available on the Merchant's Website, the Consumer may fill in and send electronically.

The Seller undertakes to deliver to the Consumer without delay an Acknowledgment of receipt of the statement of termination by e-mail specified by the Consumer in the Form or in the Statement of termination .

The consumer is obliged to send a statement on the termination of the contract before the expiration of the deadline for termination of the contract.

The Consumer is obliged to return the goods without delay, and no later than 14 days from the day when he informed the Seller of his decision to terminate the contract.

The consumer is obliged to bear the direct costs of returning the goods in the amount of HRK 120.00.

The Seller undertakes to return to the Consumer the full amount of funds paid within fourteen (14) days of receipt of written notice of termination.

The Seller is not obliged to return the payment before the goods delivered to the Consumer are returned to him, unless he offered to take over the goods returned by the Consumer, or after the Consumer provides proof that he sent the goods back to the Seller, if the Seller was notified before receipt of goods.

The Seller undertakes to make a refund using the same means of payment used by the Consumer in the payment, unless the Consumer expressly agrees to another means of payment and assuming that the Consumer is not obliged to pay any additional costs for such refund.

Pursuant to Article 77, paragraph 5 of the Consumer Protection Act, the consumer is responsible for any impairment of the purchased product resulting from the handling of the purchased product, except that necessary to determine the nature, characteristics and functionality of the goods.

If the Consumer returns the assembled product and if there is a possibility that disassembling the product causes further damage to the product, it is necessary to leave the product assembled and contact the Seller.

Exclusion of the right to terminate the contract

The consumer is not entitled to termination in cases prescribed by Article 79 of the Consumer Protection Act, and especially if:

the Seller has fully fulfilled the service contract, and the fulfillment has started with an explicit previous one

consent of the Consumer and his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract if the service is fully fulfilled

the subject of a contract for goods or services whose price depends on changes in the financial market that are outside

influence of the Seller, which may occur during the duration of the Consumer's right to unilateral termination of the contract

the subject of the contract is goods that are made according to the Consumer's specification or that are clearly tailored to the Consumer
the subject of the contract is a commodity which, by reason of its nature, is inseparably mixed with another after delivery

things.

CONTRACT DURATION

The contract concluded by the Buyer with the Seller is a one-time contract for the distance sale of products consumed by the delivery of goods and payment made by the Buyer, in case it is not terminated. These Terms of Purchase are an integral part of the Agreement.

WRITTEN COMPLAINTS OF CUSTOMERS AND DISPUTES

These General Terms and Conditions have been prepared in accordance with the Civil Obligations Act, the Consumer Protection Act and other regulations of the Republic of Croatia. Buyers may submit their written complaints about the Seller's products or services directly in the business premises at the Seller's registered office or send them to the Seller's address: Dalmatinska 22, 10360 Soblinec or by e-mail to: info@retrodesign.hr as stated in the Seller's data.

The Seller is obliged to confirm without delay that he has received the written complaint of the Consumer, and no later than 15 (fifteen) days from the date of receipt of the written complaint to respond to the same.

In the event of a dispute between the Buyer and the Seller, an application may be submitted to the Court of Honor of the Croatian Chamber of Commerce, the Court of Honor of the Croatian Chamber of Trades and Crafts or a proposal for conciliation at conciliation centers.

In the event of a dispute between the Buyer and the Seller, they will try to resolve the problem by agreement and amicably, otherwise the competent court in Zagreb will have jurisdiction.

Pursuant to Regulation no. 524/2013 of the European Parliament and of the Council, there is an obligation for retailers participating in online sales contracts to provide on their website an electronic link to the online consumer dispute resolution platform. The Consumer Dispute Resolution Platform can be accessed by the customer via this link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

Contacts: