GENERAL BUSINESS TERMS
INFORMATION ABOUT THE SELLER
RETRO DESIGN d.o.o.
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): HR3923400091111151211 opened at Privredna banka Zagreb d.d.
SWIFT: PBZGHR2X
The company is registered in the court register of the Commercial Court in Zagreb under number MBS 081389473
The basic capital in the amount of HRK 20,000.00 has been paid in full.
Board member: Marija Stjepanović
DEFINITIONS
Seller and manufacturer at the same time is the trading company RETRO DESIGN d.o.o. with the information provided in the Seller Information.
The customer is any natural or legal person who chooses a product, puts it in the shopping cart or orders via e-mail, pays by credit card, Internet banking, money order at a bank, post office or Financial Agency and sends the order to the Seller or sends an order for the product and pays for the product in cash upon delivery or collection at the Seller (by collection).
Consumer is a natural person who enters into a sales contract with the Seller outside of his trade, business, craft or professional activity and to whom the provisions of the Consumer Protection Act apply. The provisions of the Law on Obligations and the Law on Electronic Commerce apply to all buyers who are not consumers.
User is any person who visits the website at the address https://retrodesign.shop/
Commercial guarantee is the obligation of the Seller as the provider of the guarantee, which obligates the Buyer to return the price paid or to replace, repair or service the item, if the item does not meet the specifications or other requirements stated in the warranty statement. The invoice and commercial warranty statement are the only documents through which the Customer can exercise the rights from the Commercial Warranty.
IN GENERAL
These General Terms and Conditions govern the relations between the Buyer and the Seller, related to the conditions and method of ordering the product, the price of the product, the terms and methods of payment, the Seller's responsibility for material defects, the terms of the Commercial Guarantee, the Buyer's right to a written complaint, the right to terminate the contract, methods and terms of product delivery and other issues important for the relationship between Buyer and Seller.
The customer is obliged to check the valid Terms and Conditions before each purchase. These Terms are available at all times to Users in such a way that they are enabled to save, reuse and reproduce them. These General Terms and Conditions are considered an integral part of every sales contract 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 local jurisdiction of the competent court in Zagreb is agreed upon.
PRE-CONTRACTUAL NOTICE
These General Terms and Conditions are at the same time a pre-contractual notification for Consumers and Buyers who conclude a contract with the Seller without the simultaneous physical presence of the Seller and the Consumer in one place, whereby until the moment of concluding the contract and for the conclusion of the contract, one or more means of remote communication are exclusively used (all means that can be used to conclude contracts at a distance, such as the Internet and e-mail, without the simultaneous physical presence of the trader and the consumer
These General Terms and Conditions of Business also represent a pre-contractual notification when a purchase contract is concluded by a consumer, i.e. any natural person who enters into a legal transaction or operates on the market outside of his trade, business, craft or professional activity, and if the contract is concluded between a trader and a consumer within the framework of an organized system of selling or providing services without the simultaneous physical presence of the merchant and the consumer in one place, whereby one or more means of remote communication are exclusively used until the moment of concluding the contract and for the conclusion of the contract.
Means of remote communication are all means that can be used to conclude a contract at a distance without the simultaneous physical presence of the trader and the consumer, such as the Internet and electronic mail.
REGULATIONS
The Law on Consumer Protection in relation to Consumers and the Law on Obligatory Relations, the Law on Electronic Commerce and other regulations applicable to all Buyers apply to these General Terms and Conditions.
PRICES
All prices represent retail prices and are expressed in Euros (EUR) and include VAT and are valid for all payment methods at the time of purchase. Retail prices are valid in case of payment by the methods and under the conditions stated below.
The displayed retail prices are valid at the time the order is received. Promotional offers are valid only at the time of order and may be changed by the Seller without prior notice.
INTERNET SHOP
The online store is open every day, 24 hours a day. We reserve the right to stop the sale of some or all products for a specified or indefinite period of time or to limit or completely disable access to the website of the online store for a specified or indefinite period of time. We have the option, if there are obvious mistakes in the online store (e.g. visibly wrong price), we will cancel the order.
PRODUCT ORDER
The product is ordered through the shopping cart. The contract between the Seller and the Buyer is concluded at the moment when the Buyer places the order. The seller will notify the buyer of the fact of the conclusion of the contract immediately via electronic mail by delivery Order confirmations. The order confirmation contains information about the order, delivery address, payment method, price/prices, contact details of the Seller's customer service and other necessary information.
Along with the confirmation of the order, the Customer will also receive 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 of the Right to Unilateral Termination of the Contract, and by accepting these Terms and Conditions, the Buyer expressly consents to the General Terms and Conditions of Business and the Notice of Right to the unilateral termination of the contract, an integral part of which is the Form on the right to unilateral termination of the Contract, delivered in the specified manner, i.e. by electronic mail.
After sending the order confirmation, the customer can change the order only via email address: info@retrodesign.hr
On the web shop, the Customer can pay for his order by clicking "Buy". In the shopping cart, they will then see the total amount of the purchase including value added tax (including the costs of additional possibly selected services, e.g. delivery).
After the order has been placed by the Buyer, the Seller will send the General Business Terms and Conditions to the Buyer by e-mail together with a confirmation of receipt of the order by which the Seller confirms that the order has been received and is in the process of processing, and the Buyer will be informed of the deadline for the production of the ordered product of the Seller.
The deadline for making individual products from our production is 2 to 6 weeks.
IMPOSSIBILITY OF DELIVERY OF THE PRODUCT ON TIME OR AT ALL
In the event that the Seller is unable to deliver a specific product within the stipulated period, the Seller will inform the Buyer by e-mail, by delivery Notifications about the delay in the delivery of the ordered goods who can cancel the order or accept a new delivery date at their choice. If the Buyer decides to cancel the order for this reason, the Seller will return to the Buyer the amount paid (increased by the statutory default interest) without delay, and no later than within 7 days from the date of delay in the delivery of the product. In the event that the Buyer refuses to receive a correct and undamaged product, the Seller has the right to request compensation from the Buyer for all costs incurred in connection with the delivery.
In the event that 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 the statutory default interest) without delay, and no later than within 7 days from the date of the delay in the delivery of the product.
If the Buyer decides to cancel the order, the Seller will return the money paid to the Buyer (increased by the statutory default interest) without delay, and no later than within 7 days from the date of cancellation.
The seller is not obliged to fulfill his contractual obligations if the buyer does not pay the purchase price and is not obliged to deliver the product until the moment of receipt of the purchase price. If for some reason the Buyer does not pick up the shipment and it is returned to the Seller, the Seller will not repeat the delivery, except by 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
The warranty conditions specified in the warranty statement apply to all products for which the Seller provides a warranty. The seller guarantees that the product, which is used in accordance with the attached instructions and warranty statement, will function properly within the warranty period. In the event of failure and other possible defects, the Merchant undertakes to repair within a reasonable time or replace the product in accordance with the Obligations Act. The right to use the warranty is exercised only upon presentation of the invoice and warranty statement. The customer is obliged to keep the warranty statement and invoice.
LIABILITY FOR MATERIAL DEFECTS
The seller is responsible for the 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 he discovered the defect, and no later than 2 years after the transfer of risk to the consumer. The buyer who is not a consumer is obliged to inspect the received product and give it for inspection and inform the Seller of visible defects within 8 days, and in the case of commercial 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 responsible for the material defects of the things that he had at the time of the transfer of risk to the buyer, regardless of whether he was aware of this, as well as for those material defects that appear after the transfer of risk to the buyer, if they are the result of a cause that existed before that .
In which cases there is a deficiency
There is a shortage
- if the item does not correspond to the description, type, quantity and quality, i.e. lacks functionality, compatibility,
interoperability and other features as determined by the purchase agreement,
- if the thing is not suitable for any particular purpose for which the buyer needs it and for which the buyer is
met the seller at the latest at the time of concluding the contract and in relation to which the seller gave his consent,
- if the item is not supplied with all accessories and instructions, including installation instructions, how
is determined by the sales contract
Unless the Consumer has been specifically informed that a particular feature of the item deviates from the criteria used to determine defects in that way and the Consumer has expressly and separately accepted it.
Disadvantages also exist
- if the thing is not suitable for use for the purposes for which a thing of the same kind would normally be used, taking
taking into account all the regulations of the European Union and the regulations of the Republic of Croatia, technical standards or, if there are no such technical standards, applicable codes of conduct in a certain area if they exist,
- if the item does not correspond to the quality and description of the sample or model that the seller made available to the buyer
before concluding the contract,
- if the item is not supplied with accessories, including packaging, installation instructions or otherwise
instructions, the receipt of which the customer can reasonably expect,
- if the thing does not correspond to the quantity or does not have those properties and other features, including those related to
durability, functionality, compatibility and safety, which are usual for the thing of the same kind and which the buyer can reasonably expect considering the nature of the thing and taking into account any public statements made by the seller or other persons in previous stages of the chain of transactions, including the manufacturer, or which are given on their behalf, especially in advertising or labeling,
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 conclusion of the contract or could not have remained unknown to him, but the Seller is also liable for defects that the Buyer could have easily noticed if he declared that the item had no defects or that the item had certain characteristics or features.
The seller does not answer awhen the thing is improperly installed or mounted.
The merchant is not responsible for defects that appear after two years have passed since the item was handed over.
Inspection of things and visible defects
The buyer is not obliged to inspect the item or submit it for inspection, but he is obliged to notify the seller of the existence of visible defects within two months from the day he discovered the defect.
If the existence of a material deficiency is determined, 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 remove the defect,
2) require the seller to hand over other things without defects,
3) demand a proportional price reduction,
4) declare that he terminates the contract.
Elimination of defects
The buyer has the right to choose between repair and replacement of the item, unless the chosen method of removing the defect would be impossible or if it would result in disproportionate costs to the Seller compared to another method of removing the defect, taking into account all the circumstances, especially the value of the item without the defect, the significance of the defect and the question of whether the repair or replacement can be done without significant inconvenience for the Customer. The seller is authorized to refuse to remove the defect if repair and replacement are impossible or if this would cause him disproportionate costs, taking into account all the circumstances, especially the value of the item without the defect, the significance of the defect and the question of whether the repair or replacement can be done without considerable inconvenience to the customer.
The Customer's right to a price reduction and termination of the contract due to a material defect
The buyer has the right to a price reduction or to terminate the contract only if the Seller has not removed the defect or refused to do so or has not removed the defect, if the defect exists despite the Seller's attempt to remove it, or if the Seller has stated that he will not remove the defect or it is obvious from the circumstances that it will not remove the defect within a reasonable time or without considerable inconvenience to the Customer and if the defect is so serious that it justifies an immediate price reduction or termination of the contract.
The Buyer has the right to withhold payment of any outstanding part of the price until the Seller fulfills its obligations under liability for material defects.
Repair or replacement of defective items
Repair or replacement of defective items is carried out free of charge, within a reasonable period of time from the moment the Buyer notified 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.
During repair or replacement, 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 it 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 appropriate deadline for fulfillment.
The buyer can terminate the contract even without leaving a subsequent deadline if the Seller, after notifying him of the defects, has informed him that he will not fulfill the contract or if it is obvious from the circumstances of the specific case that the Seller will not be able to fulfill the contract even in the subsequent deadline, as well as in the case where the Buyer, due to the Seller's delay, does not can achieve the purpose for which he concluded the contract. If the method of removing the defect, i.e. handing over another thing without the defect, would result in considerable inconvenience for the buyer, he has the right to terminate the contract or demand a proportional price reduction.
COMPLAINTS
Complaints can be filed in the showroom from which the product was delivered or via e-mail: info@retrodesign.hr
The ordered products are packed in such a way that they are not damaged by normal handling during transport/delivery.
In the event that the shipment is damaged during transport, such damage is visible upon collection of the shipment, and in this case the Buyer is not obliged to collect the shipment.
In the event that the defects are the result of unprofessional assembly, delivery, storage, maintenance or other unprofessional interventions by the customer, the Merchant bears no responsibility.
The exercise of rights in the case of a reported complaint is carried out in accordance with the Law on Consumer Protection and the Law on Obligations.
CANCELLATION AND TERMINATION OF CONTRACT
The customer can cancel the order at any time until the product is delivered to the customer.
The order is canceled by sending a statement of order cancellation via electronic mail to the address 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 canceling the order, the Customer will receive Order cancellation confirmation 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 at a distance within 14 days.
The term 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 person designated by the Consumer, who is not the carrier.
If with one order the Consumer has ordered several pieces of goods that should be delivered separately, i.e. if it is a question of goods that are delivered in several pieces or in several shipments, the term begins to run from the day when it is delivered to the Consumer or a third person specified by the Consumer, who is not the carrier, handed over to the last piece or the last shipment of goods.
If the Seller does not notify the Consumer of the Consumer's right to unilaterally terminate the contract, this right shall expire within 12 months of the expiration of the termination period (the 12-month period begins after the expiration of the 14-day period provided for regular termination in case of proper notification). If, on the other hand, the notification of the right to unilateral termination is delivered within 12 months, the right to unilateral termination ends after the expiry of the period of 14 days from the day the Consumer receives the notification.
Before the expiry of the term for unilateral termination of the contract, the consumer is obliged to inform the Seller of his decision to terminate the contract, and to do so via Form for unilateral termination of the contract which can be found here: Form for unilateral termination of the contract or through any other unequivocal statement expressing his will to terminate the contract, sent by e-mail to the Seller's address: info@retrodesign.hr or by registered mail to the address of the Seller's headquarters: Dalmatinska 22, 10360 Soblinec.
A copy of the form for unilateral termination of the contract, which is available on the Merchant's website, can be electronically filled out and sent by the Consumer.
The seller undertakes to deliver to the consumer without delay Confirmation of receipt of the termination statement through the electronic mail specified by the Consumer in form, that is, in Declaration of termination.
The consumer is obliged to send the declaration of termination of the contract before the expiry of the term for termination of the contract.
The consumer is obliged to return the goods without delay, and no later than within 14 days from the day on which 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 the entire amount of funds paid to the consumer within fourteen (14) days after receiving written notice of termination of the contract.
The Seller is not obliged to refund the amount paid before the goods delivered to the Consumer are returned to him, unless he has offered to pick up the goods returned by the Consumer himself, that is, after the Consumer provides him with proof that he has sent the goods back to the Seller, if the Seller has been informed of this before receipt of goods.
The Seller undertakes to refund the amount paid using the same means of payment used by the Consumer when paying, unless the Consumer expressly agrees to another means of payment and on the assumption that the Consumer is not obliged to pay any additional costs for such a refund.
Pursuant to Article 77, paragraph 5 of the Law on Consumer Protection, the consumer is responsible for any reduction in the value of the purchased product resulting from the handling of the purchased product, except for that which was necessary to determine the nature, characteristics and functionality of the goods.
If the Consumer returns the product that has been assembled and if there is a possibility that disassembling the product may cause 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 has no right to termination in the cases prescribed by Article 79 of the Consumer Protection Act, especially if:
- the service contract was fully fulfilled by the Seller, and the fulfillment began with an explicit previous one
the Consumer's consent and his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the contract if the service is fully fulfilled
- the subject of a contract of goods or services whose price depends on changes in the financial market that are outside
influence of the Seller, which may appear 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 specifications or that are clearly adapted to the Consumer
- the object of the contract is a commodity which, due to its nature, is inseparably mixed with another after delivery
things.
CONTRACT DURATION
The contract that the Buyer concludes with the Seller is a one-time contract for the purchase and sale of products at a distance, which is concluded by the delivery of the goods and the payment made by the Buyer, in case it is not terminated. These Terms of Purchase are an integral part of the contract.
Intellectual property rights
Ownership and Rights: The content and materials displayed on our online store, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of [Your Company Name] or its content suppliers and are protected by international copyright and intellectual property laws. All rights reserved.
Use of content: The material we provide in our online store is intended solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from our online store, unless incidentally necessary for the intended use of the online store.
WRITTEN BUYER COMPLAINTS AND DISPUTES
These General Terms and Conditions are drawn up in accordance with the Law on Obligations, the Law on Consumer Protection and other regulations of the Republic of Croatia. Customers can submit their written complaints about the Seller's products or services directly in the business premises at the address of the Seller's headquarters or send them to the Seller's address: Dalmatinska 22, 10360 Soblinec pošte or by e-mail to the address: info@retrodesign.hr as stated in the Seller's information.
The Seller is obliged to confirm without delay that he has received the Consumer's written complaint, and to respond to it within 15 (fifteen) days at the latest from the date of receipt of the written complaint.
In the event of a dispute between the Buyer and the Seller, a report can be submitted to the Court of Honor of the Croatian Chamber of Commerce, the Court of Honor of the Croatian Chamber of Crafts or a proposal for conciliation at the conciliation centers.
In the event of a dispute between the Buyer and the Seller, efforts will be made 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 traders participating in online sales contracts to provide an electronic link to a platform for online resolution of consumer disputes on their website. The customer can access the online consumer dispute resolution platform via this link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR
Contact:
RETRO DESIGN d.o.o.
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): HR3923400091111151211 opened at Privredna banka Zagreb d.d.
SWIFT: PBZGHR2X
The company is registered in the court register of the Commercial Court in Zagreb under number MBS 081389473
The basic capital in the amount of HRK 20,000.00 has been paid in full.
Board member: Marija Stjepanović