Terms of Sale
The terms of sale regulate the relationship between the Buyer and the company Aloha Media obrt based in HR – 22300 Knin, Cesta domovinskog rata 62, MB: 98188216 (hereinafter: “Seller”) regarding the validity of the contractual relationship with the Buyer, advertising, conditions and manner ordering products, product prices, terms and methods of payment, delivery, the right to terminate the contract and return the goods and other issues important for concluding a contract of sale through the online store published on the Seller’s website: https://www.CroatianGiftShop.com
The current Consumer Protection Act, the valid Electronic Commerce Act, the valid Civil Obligations Act and other applicable regulations of the Republic of Croatia apply to the Terms of Sale.
Validity of the Terms of Sale
The Terms of Sale apply between the Buyer and Aloha Media obrt (hereinafter: the “Seller”), in connection with the ordering of products by the Buyer through the online store published on the Seller’s website (“CroatianGiftShop.com”).
The Buyer is any natural person who is a visitor to CroatianGiftShop.com and who submits an order to the Seller to purchase an individual and / or group of products of the seller, and selects at least one product, puts it in the cart, pays by credit card, bank transfer or internet banking. The buyer can only be an adult and able-bodied person. The contract in the name and on behalf of the minor and completely incapable persons may be concluded by their legal representatives or guardians. Partially able-bodied persons may conclude a contract only with the consent of their legal representative or guardian. The Seller shall not be liable for any act contrary to this provision.
For legal entities, the current Law on Obligations applies.
The contract concluded by the Buyer with the Seller is a one-time contract for the purchase and sale of products at a distance that is consumed by the delivery of goods and payment made by the Buyer, in case it is not terminated. These Terms of Sale are an integral part of the contract.
Invalidity of other contractual terms
These Terms of Sale apply as the primary and mandatory source of law governing the legal relationship between Seller and Buyer and in this regard have a predominant effect over all other possible sources and replace all other written or oral contracts, terms and / or agreements between Seller and Buyer and / or contractual terms of other persons, which deviate from these Terms of Sale. In the event of any inconsistency between these Terms of Sale and all other Seller-Buyer Agreements, these Terms of Sale shall prevail unless the parties agree otherwise in writing.
Validity of consumer relations
These Terms of Sale apply to all persons who are considered Consumers in terms of the legislation of the Republic of Croatia.
Validity of relations with foreign nationals
These Terms of Sale also apply to natural persons who have citizenship other than the citizenship of the Republic of Croatia, regardless of any differences in the legal or statutory position of the Buyer, and regardless of his actual ability to understand the Croatian language in which these Terms of Sale are drafted.
These Terms of Sale also apply to stateless persons, as well as to the staff of foreign diplomatic and consular missions and to honorary consuls and consulates of foreign countries on the territory of the Republic of Croatia.
Seller’s announcements are a representation of the basic Terms of Sale, unless the Seller expressly states otherwise.
Product descriptions, specifications, and photographs were obtained at the Seller’s premises.
For the purpose of advertising certain products, the Seller uses the Google Adwords remarketing service. This is a service provided by Google for targeted advertising. The service is used for the purpose of advertising through Google Search, and the Google Display network of customers who have already visited CroatianGiftShop.com. You can unsubscribe from this service in Google settings – ads in your Google profile.
Through CroatianGiftShop.com, the Buyer is enabled to purchase a part of the range of products from the Seller’s offer.
The Seller places all materials, videos, photographs and text on the Website in good faith to make it easier for the Buyer to make a choice when making a purchase.
If due to an error or oversight the price published on CroatianGiftShop.com is not correct or has changed in the meantime, the Seller reserves the right to change. Also in this case, the Seller reserves the right to inform the Buyer about the change or correctness of the price and to give the Buyer the opportunity to confirm or cancel his order. If the requested product is not available, the Seller will inform the Buyer as soon as possible about the exact delivery time or the Seller will return the amount paid to the Buyer.
The Buyer can choose a product or group of products whose purchase he is interested in from the part of the Seller’s range published on CroatianGiftShop.com by clicking on the “Add to cart” button and add it to his cart. Products are ordered without customer registration.
By clicking on the “Pay” button, the Buyer makes an irrevocable offer to the Seller to purchase an individual or group of products. Before concluding the purchase, the customer can change the status of the product or add more products to the cart.
The purchase cannot be realized if the Buyer has not confirmed his agreement with the Terms of Sale.
The purchase is valid only if the order is properly filled and concluded through CroatianGiftShop.com. This also applies to additional requirements, conditions or instructions of the Customer, which may be related to the purchased content.
In the event that the Seller is unable to deliver the product, the Seller shall notify the Buyer in writing or by telephone as soon as possible. In case of notification that the ordered product is available within the extended period, the Buyer has the option to stay with the order, with a new, so specified delivery time, or cancel the order. In the event that the Seller notifies the Buyer that the product can not be delivered at all, the contract is terminated by such notification and the order is canceled, and unauthorized credit or debit card transactions are canceled immediately, and the refund, if any, the Seller will return to the Buyer the amount paid.
If the Buyer refuses to accept the correct / undamaged products previously ordered, the Seller has the right to ask the Buyer for reimbursement of delivery costs (handling costs).
The customer order is considered confirmed and valid only when the invoice is created.
After confirmation of the Buyer’s order by the Seller, the terms of each purchase agreement between the Buyer and the Seller are fixed and cannot be changed unless the contracting parties reach a different agreement in writing.
Promo code with discount
This online store may issue promo codes for the discount. If it is active, the promo code for the discount brings various benefits when shopping through the Internet store and may be limited in time. The active promo code for the discount is published on the front page, product page, newsletter or other media. Promo code is charged for the entire range. Use of promo code for discount: the active promo code is entered in the internet shopping cart. Promo codes do not add up.
Generally about the method of payment
All prices on CroatianGiftShop.com are stated in Euros (EUR), unless otherwise stated. Prices do not include value added tax because Aloha Media is not in the VAT system. Product prices do not include shipping costs.
The CroatianGiftShop.com online store allows users to pay and purchase by credit or debit card, bank transfer, payment by post, FINI, internet banking or bank payment and Paypal in accordance with the conditions set out in these General Terms and Conditions.
The Buyer agrees that the Seller, in case of suspicion of misuse of any type of payment, may request additional evidence of the validity of such payment method, and in case such evidence is not submitted has the right to suspend the transaction and cancel the order.
The Buyer confirms and agrees that his payment service provider, in order to meet the obligations of payment of Buyers to the Seller, may charge the Buyer with transaction costs that are not known to the Seller. The buyer agrees to bear all such costs himself.
In case the Buyer intends to pay for the goods to the Seller’s giro account (by bank transfer, e-banking, post office, bank, etc.), it is necessary to select the option of paying “Direct Bank Transfer” on the CroatianGiftShop.com cart. The deadline for payment to the Buyer is 3 days, after which the Seller does not guarantee the availability of the ordered items. Order processing starts from the moment the payment is visible on our account. If the payment was made after the deadline and the goods are available, the delivery procedure is initiated. If the goods are not available, the Seller will inform the Buyer about the exact delivery time or the Seller will return the amount paid to the Buyer.
Payment by credit or debit card
Payment by credit or debit card is made through a virtual POS system Web Secure Payment Gateway called “WSpay” protected by Secure Socket Layer (SSL) protocol. Through CroatianGiftShop.com, payment is possible with credit and / or debit cards: American Express, MasterCard, Maestro, Diners and Visa. When paying for the product with the Customer’s credit or debit cards, the payment service provider will charge the same amount for the Order.
After issuing a specific order for payment on the Customer’s credit or debit card, the Customer waives any right to terminate, cancel and / or change the execution of a specific payment order. Such waiver applies only to the irrevocability of the payment transaction and does not affect the rights of the Buyer in connection with the termination of the contract. In this sense, the Buyer is responsible for all costs and damages that may be incurred by the Seller in this regard.
The buyer is responsible for ensuring that the credit or debit card payment service provider is provided with a sufficient amount of money to make the payment of the purchase price and all other applicable costs. This relationship is governed by the rules between the payment service provider and the Customer that the right to payment is used by credit or debit card, and that the Customer submits complete and accurate credit or debit card information by order. Otherwise, the Buyer is responsible for all damages and costs incurred or may be incurred by the Seller in relation to the violation of this obligation of the Buyer.
Delivery and delivery times
The Seller is obliged to deliver the ordered goods to the address specified by the Buyer in the Buyer’s Order sent via CroatianGiftShop.com.
The seller is responsible for timely and orderly shipment of goods from its business units and delivery of suppliers, but is not responsible for delays caused by shipping services, force majeure, as well as for all cases of inability and / or delivery delays for which delivery services are responsible.
If delivery of the purchased goods is not possible, at the address specified by the Buyer, because the Buyer is not at the specified address within the agreed time, for reasons known to him, the costs of the next delivery and all other possible costs due to failed delivery are borne exclusively by the Buyer.
The Buyer is obliged to inspect the received goods without delay on the outer packaging when picking up from the delivery service, and to inform the Seller about the visible defects of the goods.
The Seller may, in case of observed problems with the execution of the payment obligation of the Buyer, cancel the postponement of the goods at its own discretion or postpone until the full fulfillment of the payment obligations by the Buyer.
If the Buyer refuses to accept the correct / undamaged products previously ordered, the Seller has the right to ask the Buyer for reimbursement of delivery costs (handling costs).
You can track your package on the delivery service website. After entering the package number, delivery details will be displayed – including information on the expected delivery time, as well as the last status after the package was shipped.
Warranty, guarantee and defects
All goods on CroatianGiftShop.com do not come with a warranty or guarantee.
The seller is responsible for material defects in accordance with the provisions of the applicable Civil Obligations Act and EU Consumer Protection Directives.
If the Buyer has duly notified the Seller of material defects (visible), the Seller has an obligation to the Buyer within the legally prescribed deadlines to: (I) eliminate the defect, (II) replace the goods with other goods without defects, (III) reduce the purchase price, (IV) allow termination of contract.
The Buyer must notify the Seller of the defect together with an accurate description of the same within the legal deadline. The buyer is obliged to provide us with pictures of the product.
If the Buyer wishes to return the shipment with the product for which the material defect has been determined at the expense of the Buyer, he may do so by prior arrangement with the Seller firstname.lastname@example.org
The parties exclude the Seller’s liability for any further damage to persons and things other than the purchased product, if such damage is caused by the intent or negligence of the Buyer or persons for whom he is responsible, even if the purchased product has defects.
The right to cancel the purchase and return the goods
The consumer has the right, without stating the reasons, to unilaterally terminate the contract concluded outside the business premises or concluded at a distance from the day of its conclusion, and no later than within 14 days.
Exclusion of the right to unilateral termination of the contract: The consumer has no right to terminate the contract in cases prescribed by Article 79 of the Consumer Protection Act: the subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons.
If the product is damaged after collection, the buyer must immediately contact the seller with pictures of the damaged product at the email address: email@example.com and must return the goods in the original packaging within 14 days.
The Seller undertakes to return to the Buyer the full amount of the paid funds within 14 days of receiving written notice of termination of the contract. The refund will be made by the same means of payment used by the Buyer during the payment. In the event that the Buyer agrees in another way to refund the amount paid, he does not bear any costs in relation to the refund. The Seller is not obliged to return the payment before the goods delivered to the Buyer are returned to him.
The buyer, ie the consumer, is obliged to prove that he has exercised his right to unilateral termination of the contract in accordance with the applicable Consumer Protection Act.
In the event of termination of the contract, each party is obliged to return to the other what it received under the contract, in accordance with the provisions of these Terms of Sale. This means that the Seller returns the paid funds using the same means of payment used by the Buyer during the payment, and the Buyer returns the purchased goods without delay.
The buyer is not entitled to terminate the contract in cases prescribed by the applicable Consumer Protection Act, and especially if:
– the Seller has fully fulfilled the service contract, and the fulfillment began with the explicit prior consent of the Buyer 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 service is fully fulfilled;
– the subject of the contract for goods or services whose price depends on changes in the financial market that are beyond the influence of the Seller, and which may occur during the term of the Buyer’s right to unilateral termination of the contract;
– the subject of the contract is goods that are made according to the Buyer’s specification or that are clearly adapted to the Buyer;
– the subject of a contract for goods which, due to their nature, are inseparably mixed with other items after delivery
Any contract concluded on the basis of these Terms of Sale will be stored in electronic form of the Seller’s system, and the Buyer may access them through the Seller’s services. By confirming acceptance of these Terms of Sale, the Buyer agrees to the collection, processing and storage of the contract and all relevant personal data (name, surname, address, etc.).
The Buyer may submit his requests, complaints, objections, statements, as well as any praise to the Seller by e-mail: firstname.lastname@example.org. The exercise of rights under the reported complaint is exercised in accordance with the current EU Directives on consumer rights, the Law on Consumer Protection and the current Law on Obligations. Products that the Customer has attempted to repair or remake and products that have been damaged due to improper use cannot be advertised.
By accepting these Terms of Sale, the Buyer confirms that he is familiar with and agrees with the provisions of the Terms of Sale, which allows the use of the CroatianGiftShop.com system.
For contracts concluded on the basis of these Terms of Sale, the applicable law according to the Seller’s registered office shall apply. The application of the UN Convention on the International Sale of Goods is excluded.
The customer confirms that he is aware that the current Terms of Sale are subject to constant changes and improvements, so for all future purchases he assumes the responsibility to be aware of the current general conditions applicable to CroatianGiftShop.com
Changes to these Terms of Sale as well as the provisions of contracts concluded on the basis of these General Terms and Conditions are possible only on the basis of a written agreement of the contracting parties. Oral contracts and / or agreements are not permitted.
Sales/discounts cannot be combined.
In accordance with Regulation no. 524/2013 of the European Parliament and of the Council, an obligation has been introduced for stores participating in online sales contracts to provide on their website an electronic link to the platform for online resolution of consumer disputes. The online consumer dispute resolution platform can be accessed via this link.
In the event of a dispute between a consumer and a seller, an application may be submitted to the Court of Honor of the Croatian Chamber of Commerce and the Court of Honor of the Croatian Chamber of Trades and Crafts. The seller and the consumer will try to resolve any disputes by agreement and amicably, otherwise the Court in Šibenik has jurisdiction.
In Knin, March 2022.