GENERAL TERMS AND CONDITIONS
BASIC SELLER INFORMATION
Name: Noelle d.o.o limited liability company, for services and design
Abbreviated name: Noelle d.o.o.
Headquarters: Zagreb, Nova ves 45/1
Address: Zagreb, Nova ves 45/1
Registered in the Register of the Commercial Court in Zagreb under number Tt-18/44280, ordinal number 2
Commercial bank and giro account number IBAN: Erste & Steiermärkische Bank d.d., IBAN: HR9224020061100903946
Board members: Vinko Filipić, Marijeta Duvnjak
Persons authorized to represent: Vinko Filipić, Marijeta Duvnjak
Phone number: +385 99 547 71 78
E-mail address: firstname.lastname@example.org
The consumer, in the capacity of the buyer, enters into a contract of sale with Noelle d.o.o., a limited liability company, for services and design (hereinafter: Noelle d.o.o.) in the capacity of the seller.
Legal entities as customers are subject to the application of the Civil Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them. These General Terms and Conditions apply to legal entities in the part related to price and method of payment, main product features, contract conclusion procedure, description of delivery method and delivery costs, general information, disclaimer, warranty and service conditions, loyalty program and the moment of concluding the contract. The seller may, at his choice, grant the legal person in each specific case the rights of the buyer who is a consumer.
The user is a person who uses the website www.kaiaa.hr, as well as every customer and visitor of the website www.kaiaa.hr.
The conclusion of a contract of sale through the website www.kaiaa.hr is regulated in accordance with legal provisions, taking into account in particular the principles and provisions of European Union directives. Concluding a contract through the website www.kaiaa.hr is concluding a distance contract.
These General Terms and Conditions also constitute a pre-contractual notice, and refer to the conclusion of a contract of sale if the buyer is a consumer or any natural person who enters into a legal transaction or operates on the market outside his trade, business, craft or professional activity. the trader and the consumer within the organized system 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 the conclusion of distance contracts, such as the Internet and e-mail, without the simultaneous physical presence of the trader and the consumer.
The contract is concluded when the seller accepts the buyer's offer, and everything listed on the website www.kaiaa.hr is an invitation to place an offer. The seller may terminate the contract of sale if the buyer does not pay the purchase price, and is not obliged to deliver the product until the receipt of the purchase price, unless the buyer has chosen the method of payment by cash on delivery.
An integral part of these General Terms and Conditions are the General Terms and Conditions for the Protection of Personal Data.
The official language for concluding sales contracts is Croatian.
MAIN FEATURES OF THE PRODUCT
The customer gets acquainted with the main features of the product on the website www.kaiaa.hr.
Noelle d.o.o reserves the right to change information, including product prices and special offers on the site without prior notice.
The image of the product is accompanied by a description of the main features of the product and its price including VAT.
Prices, payment terms and special offers are valid only at the time of ordering and / or payment.
CONTRACT CONCLUSION PROCEDURE
The purchase is made on the website www.kaiaa.hr by filling out the form provided. When filling out the form, the buyer is obliged to enter all the information required of him. When sending an order, a customer account is created. The purchase can be made with the confirmation of the buyer that he has previously read and understood the General Terms and Conditions and that he has agreed to them and that he is aware that this is an order with an obligation to pay. Shopping is possible 24 hours a day, 7 days a week. Noelle d.o.o. is not responsible for the costs of using computer equipment and telecommunications services required to access the service. The customer will be notified by e-mail of the order confirmation (receipt of an e-mail containing the customer's offer) and the sending of the package.
In the event that Noelle d.o.o. is unable to deliver any of the ordered products for any reason, the customer will be contacted, by phone or e-mail, by a Noelle d.o.o. employee for the purpose of agreeing on the delivery of a replacement product or possible cancellation of the ordered product.
The purchase of products and / or services in the name and on behalf of a minor or a person deprived of legal capacity (in whole or in part) may be requested only by their legal representatives.
- The purchase is made by ordering available products that the customer chooses based on the photo and basic description. The photographs are illustrative in nature and do not always correspond to the available products in all details. Shopping is done in a few simple steps in the comfort of the customer’s home, from anywhere in the world.
- Product search is possible by different criteria. By entering a certain term in "Search", products related to the specified term will appear. The customer can choose a specific product that interests him and read it available product description so that he can independently decide whether the product meets his needs. The customer selects products from the KAIAA product catalog, which is arranged according to product types.
- Product ordering is done electronically. By clicking on the "Add to cart" icon, the selected product is added to the cart. By placing the product in the cart, the product is not reserved or ordered or purchased. The customer can continue to add products by clicking "Continue shopping" or review the cart by clicking "Cart view" or complete the product selection process by clicking "Complete purchase". When the customer completes the product selection process, clicking on "Complete purchase" will be redirected to the page where he selects the method of payment, delivery method, enters the code if he has a coupon or gift certificate, puts additional notes if any. It is not possible to continue the purchase without marking the box "I agree with the General Terms and Conditions" by marking which the customer confirms that he has read and understood these General Terms and Conditions and that he agrees with them by marking "I am aware that the order includes a payment obligation." By clicking on "Change cart contents" the customer can change the contents of the cart. With the "Pay" icon, place the order, the seller will send the General Terms and Conditions to the buyer's e-mail address together with the order confirmation and the order number confirming that the order and the customer received in the processing process.
- The seller will send to the buyer to his e-mail address a confirmation of the concluded sales contract together with a confirmation that the package has been sent.
- If the buyer does not receive the ordered products that are paid within 8 working days (Saturday, Sunday and non-working days excluded) from the payment, or 8 working days (Saturday, Sunday and non-working days excluded) from concluding the sales contract with the agreed payment upon receipt, he is obliged to inform Noelle doo about the same to the e-mail address email@example.com
- If the buyer has not received the purchase confirmation by e-mail within 24 hours or it is not possible to access the service in the manner specified in the e-mail, he is obliged to contact the seller at the e-mail address firstname.lastname@example.org or at the phone number +385 99 547 71 78from Monday to Friday (non-working days excluded) from 8 am to 4 pm.
- In the event that Noelle d.o.o. is unable to deliver any of the ordered products for any reason, the customer will be contacted, by phone or e-mail, by an employee of Noelle d.o.o. for the purpose of agreeing on the delivery of a replacement product or possible cancellation of the ordered product.
- In case of problems or ambiguities during the order, the customer can contact Noelle doo at the e-mail address email@example.com or at the phone number +385 99 547 71 78 from Monday to Friday (non-working days excluded) in the period from 8 to 16 hours.
PRODUCT PRICE, METHOD OF PAYMENT AND SHIPMENT OF PRODUCTS
The buyer undertakes to pay for the ordered products by one of the following payment methods:
- Credit or debit card - payment directly via the Internet, using card payment services: Visa, Amex, Maestro and Master Card.
The sales contract is concluded at the time of acceptance of the buyer's offer, and the product will be shipped to the delivery service within 2 working days (Saturday, Sunday and non-working days are excluded) from receipt of payment, except for cash on delivery where the product is delivered after the sales contract.
If the buyer chooses the method of payment by cash on delivery, the contract of sale is concluded at the time of acceptance of the offer, and the product will be shipped within 2 working days (Saturday, Sunday and non-working days are excluded) from the conclusion of the contract of sale.
The product will be delivered to the customer within 8 working days (Saturday, Sunday and non-working days are excluded) from the moment the product is shipped to the delivery service.
The buyer is obliged to request the R1 invoice when fulfilling the order and sending an email to firstname.lastname@example.org , subsequent requests for the R1 invoice after 24 hours from the conclusion of the order will not be accepted.
If the payment is made by bank transfer (bank transfer or internet banking), the buyer is obliged to use the payment information received by e-mail from the seller.
The agreed price includes all taxes and duties and is expressed in Croatian kuna.
DESCRIPTION OF THE METHOD OF DELIVERY OF THE PRODUCT
Noelle d.o.o delivers the order within the deadlines specified under "Product price, method of payment and shipment of products". GLS Croatia d.o.o. is in charge of product delivery.
Noelle d.o.o checks the correctness of the ordered product before each delivery of the product.
Delivery costs are paid in full by the seller for all purchase amounts above 200 kn. The delivery amount below 200 kn is 30 kn.
Noelle d.o.o delivers within the Republic of Croatia.
Buyers are obliged to pick up and inspect the shipment in front of the delivery person, all in order to avoid subsequent complaints due to the possibility of damage to the shipment during delivery.
If Noelle d.o.o is unable to deliver the ordered product, it will notify the customer. The customer can cancel the order or wait until the product is available again. If Noelle d.o.o. is not able to deliver the product within the agreed period, it notifies the buyer, who is obliged to leave him a subsequent reasonable deadline for the fulfillment of the sales contract.
If the customer does not take over the product or refuses to take over the product without a valid reason, Noelle d.o.o. reserves the right to demand reimbursement of handling, transportation and other possible costs.
Users or customers are obliged to get acquainted with the General Terms and Conditions of the website before using the website www.kaiaa.hr (hereinafter: the website) of the owner of Noelle d.o.o. If they have additional questions or ambiguities related to the General Terms and Conditions, they can contact the e-mail address email@example.com.
By accessing the website or using any part of its content, the user accepts the General Terms and Conditions of the website www.kaiaa.hr, as well as all other rules and conditions of use of the website and the services provided through it. Users agree not to use the Website in a manner that harms authors or third parties, and accept all risks of using the website and services. If the user does not agree with the above, he is obliged to stop using the website and the services provided through it.
The content of the website is protected by copyright. Modification, rental, sale or distribution of content is only possible with the prior written permission of Noelle d.o.o.
Noelle d.o.o allows you to use the website in the best possible way. These include: monitoring the operation of the server, expanding capacity according to the number of users, customer support and eliminating possible errors and problems in the operation of the system. Noelle d.o.o does not take responsibility for any problems in the operation of the site and services. Noelle d.o.o cannot guarantee that the use of the website will not be interrupted or without errors. The user agrees that access to the website may sometimes be interrupted or temporarily unavailable.
Users use the website at their own risk. Noelle d.o.o is in no way responsible for the damage that the user may suffer by using the website www.kaiaa.hr. The authors and other natural or legal persons involved in the creation, production and distribution of the www.kaiaa.hr website are not responsible for any damage resulting from the use or inability to use it.
Noelle d.o.o reserves the right to deny access to the website www.kaiaa.hr to users in the event that it is assessed that it is being used inappropriately. Noelle d.o.o reserves the right to deny access to the website www.kaiaa.hr to anyone, based on its own estimates. The user undertakes to use the website www.kaiaa.hr in a way that does not endanger resources and services in full. Improper use of the website www.kaiaa.hr is prohibited and results in the termination of access to it.
The user is obliged to keep the information about his account secret, and is fully responsible for any damage caused by unauthorized use of his account.
Noelle d.o.o reserves the right to change or amend the General Terms and Conditions at any time. The changes take effect on the day of publication on the website www.kaiaa.hr. Continuation of access to the website or use of any part of its content will be considered consent to the amended or supplemented General Terms and Conditions. Noelle d.o.o advises to periodically check the General Terms and Conditions to get acquainted with possible changes.
Noelle d.o.o reserves the right at any time and without prior notice to modify, supplement or discontinue any part of its business, including the Website, or any part thereof, services, subpages or services provided through them. The right in question includes, but is not limited to, changes in the time of availability of content, the availability of new data, the method of transmission, as well as the right to access or use the website.
It is the duty and obligation of the user to use the website in accordance with positive regulations and general moral and ethical principles. Noelle d.o.o has the right to control the content of the website at any time to ensure compliance with the General Terms and Conditions and positive regulations. Changes to the General Terms and Conditions are valid immediately upon publication on the website www.kaiaa.hr.
Noelle d.o.o (hereinafter: the seller) is liable for material defects of the product until the moment of transfer of risk to the buyer (the moment of handing over the goods to the buyer or a third party designated by the buyer, who is not the carrier), regardless of whether the material defect was known. It is also liable for those material defects that occur after the transfer of risk to the customer if they are the result of a cause that existed before. It is understood that a defect that occurred within six months of the transfer of risk to the house existed at the time of the transfer of risk, unless the seller proves otherwise or the contrary arises from the nature of the thing or the nature of the defect. The disadvantage is:
- If the thing does not have the necessary properties for its regular use or for trade.
- If the thing does not have the necessary properties for the special use for which the buyer procures it, and which was known to the seller 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 the seller has handed over a thing that is not identical to the sample or model, unless the sample or model is shown only for information.
- If the thing does not have properties that otherwise exist in other things of the same type and that the buyer could reasonably expect according to the nature of the thing, especially taking into account public statements of sellers, manufacturers and their representatives about the properties of things (advertisements, marking, etc.).
The consumer is obliged to notify the seller of the existence of visible defects within 15 days from the day when he discovered the defect, and no later than within one year from the transfer of risk to the consumer.
When upon receipt of the item by the buyer it turns out that the item has a defect that could not be detected by normal inspection when taking over the item, the buyer is obliged, under threat of loss of rights, to notify the seller within 30 days from the day when the defect discovered.
The seller is not liable for defects that appear after two years have elapsed since the delivery of the goods. The rights of the buyer who notified the seller of the defect in a timely manner shall expire after the expiration of two years, counting from the day the notice was sent to the seller, unless the seller was deceived by the buyer to exercise them.
If the existence of a material defect is determined, the seller may have one of the following obligations, all in accordance with the rules of the Civil Obligations Act:
- Elimination of the defect.
- Delivery of another product without defect.
- Price reduction.
- Termination of the contract.
The rights based on the material lack of things are regulated by the Law on Obligations.
When the buyer is a legal entity, the rules on material deficiency prescribed by the Civil Obligations Act apply to him, especially in the part where the material defect for legal entities is regulated differently from the General Terms and Conditions, then the Civil Obligations Act applies.
RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT
The consumer may unilaterally terminate the contract within 14 days without giving a reason.
The period of 14 days begins to run from the day when the product is handed over to the consumer or to a third party designated by the consumer, who is not a carrier.
If the consumer orders several pieces of products to be delivered separately in one order, or if the goods are delivered in several pieces or more shipments, the period of 14 days begins to run from the day when the consumer or a third party designated by the consumer, and which is not the carrier, possessed the last piece or last consignment of the product.
If regular delivery of goods is agreed for a certain period, the period of 14 days begins on the day when the first piece or the first consignment of the product is handed over to the consumer or to a third person designated by the consumer, who is not the carrier.
If the consumer is not notified of the right to terminate the contract, the consumer's right to unilateral termination of the contract expires after 12 months from the expiration of 14 days.
If the seller has notified the consumer of the right to terminate the contract within 12 months, the right to unilateral termination of the contract expires after the expiration of 14 days from the time the consumer received the notice.
In order for the consumer to exercise the right to unilateral termination of the contract, he must inform the seller of his decision to unilaterally terminate the contract before the expiration of 14 days by an unequivocal statement sent by mail to Nova ves 45/1, Zagreb or e-mail to firstname.lastname@example.org, in which he will state his name, address, telephone number, fax number or e-mail address, and the consumer may, at his own choice, use the example example form for unilateral termination of the contract. Acknowledgment of receipt of the statement of unilateral termination of the contract shall be delivered by the seller to the consumer without delay, by e-mail. In the event of termination of the contract, each party is obliged to return to the other party what it received under the contract. Except when the seller has offered to pick up the goods returned by the consumer, the seller must refund the payment only after the goods are returned to him, ie, after the consumer provides proof that he sent the goods back to the seller, if the seller was notified before receipt goods. The seller is not obliged to reimburse the additional costs resulting from the consumer's explicit choice of mode of transport which is different from the cheapest type of standard transport offered by the seller. The seller must make a refund using the same means of payment used by the consumer when paying, unless the consumer explicitly agrees to another means of payment, and assuming that the consumer is not obliged to pay any additional costs for such a refund.
Unless the seller has offered to take over the goods returned by the consumer himself, the consumer must return the goods without delay and at the latest within 14 days of notifying the seller of his decision to terminate the contract.
It is considered that the consumer has fulfilled his obligation to return the goods on time if he sends the goods before the deadline or hands them over to the seller, ie the person authorized by the seller to receive the goods.
The consumer is obliged to bear all direct costs of product return. The consumer is responsible for any impairment of the goods resulting from the handling of the goods other than that which was necessary to determine the nature, characteristics and functionality of the product.
In order for the consumer to determine the nature, characteristics and functionality of the goods, he can handle the goods and inspect the goods only in the way that is usual when buying goods at the seller's premises. The goods that the buyer intends to return within 14 days, he must not carry, use or take any other action that would reduce the value of the goods.
In the period in which the consumer exercises the right of return, he must keep the goods with due care, ie he must behave as a particularly careful and conscientious person. In the event of impairment of the product resulting from the handling of the product, the seller will be charged from the amount of the purchase price received in the ratio of impairment of the goods at its own discretion, taking into account the objective criteria of each case.
In order to make it easier for the consumer to draw up a written termination of the contract, below is an information form for unilateral termination of the contract which can be filled out and sent to the seller's address Noelle doo, Nova ves 45/1, 10 000 Zagreb or by e-mail to email@example.com. The consumer can also complete the termination of the contract by clicking on the link indicated above.
The right to terminate the contract of sale is not allowed in the following cases when:
- the subject of the contract is goods which are made according to the consumer's specification or which are clearly adapted to the consumer,
- the subject of the contract is sealed goods which due to health or hygiene reasons are not suitable for return, if they were unsealed after delivery,
- the subject of the contract is goods which, due to their nature, are inseparably mixed with other things after delivery,
- the consumer specifically requests a visit from the trader for urgent repairs or maintenance work, provided that during such a visit, in addition to those services that the consumer has explicitly requested, the trader provides some other services, or delivers other goods than necessary to perform urgent repairs or maintenance work, the consumer has the right to unilaterally terminate the contract in connection with these additional services or goods.
When the buyer is a legal entity, the section of these General Terms and Conditions entitled "Right to unilateral termination of the contract" does not apply to him. For legal entities, the Law on Obligations and the Law on Electronic Commerce apply
NOTICE ON THE MANNER OF WRITTEN COMPLAINT OF THE CONSUMER
All complaints in accordance with Article 10 of the Consumer Protection Act, the consumer can send by mail to the address Noelle doo, Nova ves 45/1, 10 000 Zagreb, e-mail to the e-mail address firstname.lastname@example.org or in person at the seller's business premises at address Noelle doo, Nova ves 45/1, 10 000 Zagreb.
In order for the consumer of Noelle d.o.o. to respond to a written complaint that was not sent by e-mail, consumers are asked to provide accurate information about their name and surname, the address to which they will be sent a response. The response to the consumer's complaint Noelle d.o.o must legally give in writing no later than 15 days from the date of receipt of the complaint.
In the event of a dispute, Noelle d.o.o. and the consumer will resolve the dispute amicably, and if this is not possible, the Municipal Civil Court in Zagreb has jurisdiction with the application of Croatian law. Dispute resolution is possible before the Court of Honor of the Croatian Chamber of Commerce or other conciliation centers.
Consumer disputes can be resolved through the ODR platform of the European Commission https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
If the consumer accepts the General Terms and Conditions, he accepts all other conditions listed on the website www.kaiaa.hr and all other provisions listed on that website. If the consumer does not agree with any part of the pre-contractual notice or the General Terms and Conditions, he is asked not to use the website www.kaiaa.hr and not to enter into a contract of sale.
Noelle d.o.o reserves the right to change these General Terms and Conditions without prior notice. The general business conditions are in accordance with the laws of the Republic of Croatia.
If the customer is a legal entity, the rules on consumer protection prescribed by the Consumer Protection Act do not apply to him.
The rules on written consumer complaints do not apply to legal entities, to which the Civil Obligations Act and the Electronic Commerce Act apply.