Name: ENGRAFO VL.Tajana Križević
OIB: 78588476356
TERMS OF PURCHASE
The consumer, with the status of buyer, concludes a purchase agreement with ENGRAFO, Tolstojeva 29, 21 000 Split, with the status of seller. Legal entities as buyers are subject to the Civil Obligations Act (Zakon o obveznim odnosima) and the Electronic Commerce Act (Zakon o elektroničkoj trgovini), so the Consumer Protection Act (Zakon o zaštiti potrošača) does not apply. These General Terms and Conditions are applicable to legal entities in the section that defines:
- prices and payment methods
- basic product features
- contract award procedure
- description of delivery methods and costs
- general information
- waiver of liability and
- the moment of agreement conclusion.
The seller, upon its own choice, may in each specific case provide a legal entity with the rights provided for the buyer having the consumer status. A user is a person that uses the www.mammamiaart.com, website, including any buyer or visitor of the www.mammamiaart.com website. Making a purchase agreement through the www.mammamiaart.com website is regulated in accordance to legal provisions, particularly taking into account the principles and provisions of European Union directives. Contracting through the www.mammamiaart.com website is considered to be a distance contract. The agreement is concluded in the moment when the seller accepts the buyer’s bid, and all the content published at the www.mammamiaart.com website represents an invitation to bid. The seller can terminate the purchase agreement if the buyer does not pay the purchase price amount, and the seller is not obliged to deliver the product until the moment of the receipt of the purchase price amount, except in cases when the buyer chooses to use cash-on-delivery method. If the buyer, for any reason, does not take over the shipment and it therefore returns to the seller, the seller will not repeat the delivery. The constituent part of the General Terms and Conditions are also the General Personal Data Protection Conditions. If the user fails to comply with the General Terms of Business and Data Protection Information, they must leave and not use the website www.mammamiaart.com. When the user engages in certain activities on the website www.mammamiaart.com such as opening an account, using the web shop, filling out surveys, commenting, publishing content, participating in competitions and other forms of prize draws or answering a job ad, SELLER can ask the users to give certain additional personal data. In that case, before additional personal data is given, the user is advised to study the Data Protection Information. The content of the www.mammamiaart.com website is available in Croatian and in English. The official language for the conclusion of agreement is Croatian language. MAIN FEATURES OF PRODUCTS The buyer is introduced to main product features at the www.mammamiaart.com website. MAMMAMIA ART reserves the right to modify the information at the website, including the product prices and special offers, without prior notice. Next to the product image, a description of the important product features is available, as well as the product’s price with VAT included. Prices, payment conditions and special offers are valid only at the time of order and/or payment. AGREEMENT PROCEDURE The purchase is performed on the MAMMAMIA ART website, www.mammamiaart.com, by filling the designated form. When filling the form, the buyer is obliged to fill in all the required data. The purchase can be made only with the buyer’s confirmation that they have read and understood the General Terms and Conditions, and that they are aware that this constitutes an order with obligation to pay. The purchase is possible 24 hours a day, 7 days a week. The buyer will be informed via e-mail about order confirmation (the receipt of the electronic message that includes the buyer’s bid) and about the package shipment. In case that SELLER is, for whatever the reason, not able to deliver some of the products ordered, the buyer will be contacted via telephone or e-mail by an SELLER employee with the purpose of making arrangements about delivery of a replacement product, or optionally about product order cancellation. The purchase of products and/or services on behalf of and for the benefit of a minor or a person deprived of their business capacity (completely or partially) can be performed only by their legal representatives. The purchase is performed by ordering available products that are chosen by the buyer, based on the product’s photograph and basic information. The photographs are illustrative and do not always and in all details have to match the available products. The purchase is performed through several simple steps in the comfort of a buyer’s home, from anywhere in the world.. The ordering of products is conducted electronically. By clicking on “Add to Shopping Bag”, the selected product is added to the shopping bag. The product is neither reserved, ordered nor purchased by adding it to the bag alone. The buyer can continue to add products by clicking on “Continue Shopping”, or review the bag content by clicking on “View Shopping Bag”, or finish the product selection process by clicking on “Checkout”. When the product selection process is concluded by clicking on the “Checkout” button, the buyer will be redirected to a page where they can select payment method, delivery method, where a code can be entered if the customer has a coupon or gift card, where additional notes optionally can be added, and where a checkbox can be checked in case that the customer wants a tax-deductibles invoice (R1). The purchase cannot continue without checking the “I accept the general terms and conditions” checkbox, where by checking it the buyer confirms that they have read and understood the General Terms and Conditions, and that they agree with them, and without checking the “I am aware that placing an order implies an obligation to pay” checkbox. By clicking on “Change Shopping Bag Content” the buyer can change the content of their shopping cart. If the buyer agrees with the purchase of products included in the cart, they can click on the “Pay” icon. When the buyer clicks on the “Pay” icon and finalizes the order, the seller will send these General Terms and Conditions to their e-mail address, together with the order receipt, and the order number which confirms that the purchase order has been received and is being processed. In case that SELLER, for whatever the reason, is not able to deliver some of the products ordered, the buyer will be contacted via phone or e-mail, with the purpose of reaching an agreement about the delivery of a replacement product or, optionally, about the product order cancellation. In case of problems or confusion during the ordering process, the buyer can contact SELLER by writing to mammamiaart.web@gmail.com or by calling +385 91 570 6762, on working days from 8 a.m. – 4 p.m. PRODUCT PRICES AND METHODS OF PAYMENT The buyer is obliged to pay the product ordered by one of the following methods:
- Credit or debit card – direct Internet payment, by using the card payment service: Visa, MasterCard, Maestro and Diners.
- Cod within the Republic of Croatia
Residents of the Republic of Croatia can, besides credit or debit card payments, use one of the additional payment methods:
- Bank Transfer – the information necessary to perform the payment will be e-mailed to the buyer, including the account number to which the buyer must pay the order amount. The buyer can perform the payment by using Internet banking, or by paying in bank branch office, post office, or FINA, etc. After the payment is received, the products ordered will be mailed to the buyer, to the address specified in the order.
While conducting paymentson our web shop you are using CorvusPay – an advanced system for secure acceptance of credit cards on the Internet. Corvus Pay ensures complete privacy of your credit card data from the moment you type the m in tot he Corvus Pay payment form. Data required for billing is forwarded encrypted from your web browser to the bank that issued your payment card. Our store never comes into contact with your sensitive payment card data. Similarly, Corvus Pay operators cannot access your complete cardholder data. An isolated system core independently transmits and manages sensitive data while at the same time keeping it completely safe. The form for entering paymentd ata is secured by an SSL transmission cipher of the greatest reliability. All stored data is additionally protected by hi-grade encryption ,using hardware devices certified by FIPS 140 2 Level 3 standard. CorvusPay fulfills all of the requirements for safe online payment prescribed by the leading credit card brands, operating in compliance to the PCI DSS Level 1 standard-the highest security standard of the payment card industry. Payments made by cards enroled with the 3-D Secure program are further authenticated by the issuing bank, confirming your identity through the use of a token or a password. All information collected by Corvus Info is considered a banking secret and treated accordingly. The information is used exclusively for the purposes for whicht hey were intended.Your sensitive data is fullys ecure and it’s privacy is guaranteed by the state of the art safeguard mechanisms. We collect only the data necessary for performing the work in accordance with the demanding prescribed procedures for online payment. Security controls and operating procedures applied within the CorvusPay infrastructure not only ensure current reliability of CorvusPay but permanently maintain and enhance the security levels of protecting your credit card information by maintaining strict access controls, regular security andin-depth system checks for preventing network vulnerabilities. Thank you for using CorvusPay!
PRODUCT DELIVERY
Ordered products are sent by SELLER to the address of buyer’s choice.
Delivery will be made by the company DPD.
Costs of delivery are free of charge only in the Republic of Croatia for an amount over 170 €, unless stated differently at the time of purchase.
SELLER delivers worldwide and the cost of delivery is paid by the buyer.
It is the obligation of the buyers to accept the package and check the package content in front of the deliverer, in order to avoid subsequent claims about items damaged during the shipping.
In case that SELLER is unable to deliver the product ordered, it will inform the buyer about the circumstances. The buyer can cancel the order or wait until the product becomes available again. If SELLER is not able to deliver the product within the agreed term of delivery, it will inform the customer about this, and the customer shall allow a reasonable additional term for meeting the requirements of the purchase agreement.
If the buyer does not accept the product, or refuses to accept the product without a valid reason, SELLER. retains the right to claim the refund of costs incurred for manipulation, shipment, and other possible costs.
The purchase agreement is concluded at the moment of acceptance of the buyer’s bid, and the product will be delivered to the delivery service within 8 working days (Saturdays, Sundays, and bank holidays excluded) after the receipt of payment of the order price amount, except in case of cash-on-delivery payment method.
If the buyer chooses the cash-on-delivery payment method, the purchase agreement is concluded with the moment of bid acceptance, and the product will be delivered to the delivery service within 8 working days (Saturdays, Sundays, and bank holidays excluded) after the conclusion of the purchase agreement.
To the buyer who is a resident of the territory of the Republic of Croatia, the product will be delivered within 10 working days (Saturdays, Sundays, and bank holidays excluded) from the moment of delivery to the delivery service; to the buyer who is a resident of the European Union the delivery will be completed within 15 working days (Saturdays, Sundays, and bank holidays excluded); to the customer who is a resident of the United States of America delivery will be completed within 20 working days (Saturdays, Sundays, and bank holidays excluded); and to the buyer who is a resident of the Republic of Serbia or Republic of Bosnia and Herzegovina within 20 working days (Saturdays, Sundays, and bank holidays excluded).
The contracted purchase price includes all taxes and duties, and is expressed in Croatian kuna. Along with the price in Croatian kuna and euros, and the customer pays for the currency conversion costs.
WHAT IS THE DELIVERY FEE?
Within the Republic of Croatia, delivery fee is 5 € and delivery for orders higher than 170 € is free.
For Slovenia delivery fee is 11 € and is sent by DPD delivery service.
For countries of European Union: Austria, Hungary, Germany, Czech and Slovakia delivery fee is 20 € and is sent by DPD delivery service.
For countries of European Union: Belgium 191, Cyprus, Finland 295, France, Ireland, Italy, Luxembourg, Poland, Portugal, Spain, Sweden, delivery fee is 19 € and is sent by DPD.
For countries outside of European Union the delivery fee is 27 € and is sent by Croatian Postal s
RETURN AND PRODUCT COMPLAINTS
ENGRAFO (hereafter: the Seller) is responsible for material deficiencies of products up to the moment of transfer of risks to the buyer (the moment of handing items over to the buyer or any third person designated by the buyer, except the delivery service).
The deficiency exists:
if the item does not have features required for its regular use or operation,
if the item does not have features necessary for a specific use that the buyer purchased it for, and this fact was known to the Seller or it had to be known to the Seller
if the Seller delivered an item that is not equal to a sample or a model, except in cases when sample or a model were presented for informative purposes only,
When, upon the receipt of an item by the buyer, it turns out that the item has a deficiency that could not be discovered by usual inspection at the time of delivery, the buyer must, under threat of loss of their rights, inform the Seller about such a deficiency within 15 days, counting from the date when the deficiency was discovered.
The Seller is not responsible for deficiencies that arise after delivery and product usage. The rights of the buyer who in a timely manner informed the seller of any shortcomings will be accepted.
When the existence of a material deficiency is established, the Seller might have one of the following obligations, all in accordance with the Civil Obligations Act (Zakon o obveznim odnosima):
removal of the deficiency,
deliverance of another product without the deficiency,
price discount,
agreement termination.
Rights arising out of any material deficiency of an item are regulated by the Civil Obligations Act (Zakon o obveznim odnosima).
When the buyer is a legal entity, the regulations of material deficiencies from the Civil Obligations Act (Zakon o obveznim odnosima) apply, especially in parts where the material deficiency is regulated differently for legal persons, compared to regulations of these General Terms and Conditions, then the regulations from the Civil Obligations Act (Zakon o obveznim odnosima) apply.
Right To Unilateral Agreement Termination
Return is accepted only with a presented receipt as the only evidence of purchase.
The consumer can unilaterally terminate the agreement within 14 days, without giving reasons. Instructions for terminating the contract.
The 14 days term starts with the date when the product was delivered into the possession of the consumer, or a third person designated by the consumer, except the delivery service.
If the consumer orders multiple pieces of a product that need to be delivered separately, i. e. if the goods in case must be delivered in more than one piece or more than one shipment, the 14 days term starts with the date when the first such piece or the first shipment of the product was delivered to the consumer, or a third person designated by the consumer, except the delivery service.
In order to execute their rights regarding the unilateral agreement termination, the consumer must inform the Seller about their decision to unilaterally terminate the agreement in the term no later than 14 days, and with an unambiguous statement sent by mail to MAMMAMIA ART e-mail address to mammamiaart.web@gmail.com where the consumer must state their name and surname, address, telephone or fax number, or e-mail address, and the consumer may, according to their choice, also use the unilateral agreement termination form, provided below.
The acknowledgement of receipt of the unilateral agreement termination statement by the Seller will be sent to the consumer immediately by e-mail. In case of agreement termination, each party shall return to the other party everything that it received based on the terms of the agreement. Except in cases when the Seller offers to personally take over the goods that the buyer wants to return, the Seller shall make the cash refund only after such goods are actually returned, or when the buyer provides proof that the goods were sent back to the Seller, in case that the Seller was notified about it before the goods were delivered.
The Seller has no obligation to refund additional costs that result from the buyer’s explicit choice of means of delivery, different from the least expensive means of standard delivery offered by the Seller. The Seller must perform the refund using the same means of payment used in the consumer’s order, except in cases where the Seller explicitly agrees to some other means of payment, provided that the consumer would not be obliged to pay for any other costs incurred because of such a refund.
Except in case when the Seller offers to take over the goods that the consumer wants to return in person, the consumer must return the goods without delay and no later than 14 days from the date when they informed the Seller about their decision to terminate the agreement. It is considered that the consumer fulfilled their commitment regarding the timely return of goods when they mail the delivered goods to the Seller, or a person designated by the Seller to receive the goods.
All direct costs of product return are to be borne by the consumer. The consumer is responsible for any incurred reduction of the value of goods that resulted from usage, except such usage that was necessary to determine the product’s nature, characteristics and functionality.
In order to make it possible for the consumer to determine the nature, characteristics and functionality of the goods, they can use and inspect the goods exclusively in a way that is usual when purchasing goods at the Seller’s premises. The buyer can not wear, wash, iron, shorten and/or tailor, remove a sewn label and/or sewn logo, nor perform any other activity that reduces the value of the goods for the goods that the buyer wants to return within 14 days.
During the period when the consumer has the right to return the goods, they must keep the goods with due care, and must behave as a particularly careful and conscientious person. In the case that the value of the product is reduced as the result of product use, the Seller will be compensated from the amount of the payment received in the proportion of the impairment of the goods, according to the Seller’s own estimate, taking into account objective criteria in each individual case.
In order to simplify the writing of the written agreement termination for the consumer, a sample form for unilateral agreement termination is provided below that the consumer can fill and mail to the Sellers mailing address, e-mail to mammamiaart.web@gmail.com The consumer can also submit agreement termination also by clicking on the link provided above.
The right to termination of the purchase agreement does not exist in cases when:
The subject of the contract are goods that were made according to the consumer’s specification, or were obviously tailor-made for the consumer.
The consumer specifically asked to visit the Seller at his premises with the purpose to perform urgent repairs or maintenance, with the proviso that if, during such a visit, together with the services that were explicitly asked for by the consumer, the Seller performed some other services, or delivered some other goods together with the ones that are necessary to perform urgent repairs or maintenance, the consumer has the right to unilaterally terminate the agreement regarding those additional services or goods.
When the buyer is a legal entity, this section of the General Terms and Conditions, with the title “Right to unilateral agreement termination”, does not apply. For legal entities, the provisions of the Civil Obligations Act (Zakon o obveznim odnosima) and Electronic Commerce Act (Zakon o elektroničkoj trgovini) are in force. Click here for the online form of unilateral agreement termination.
Note about the way to submit a written customer complaint
The consumer can send complaints, according to the provisions of Art. 10. of the Civil Obligations Act (Zakon o obveznim odnosima), by mail to SELLER, by e-mail mammamiaart.web@gmail.com.
In order to make it possible for seller to respond to the written complaint which was not sent by e-mail, the consumers are kindly asked to state correct information about their name and surname, and the address where the reply is to be delivered. By law, SELLER must reply to any customer complaint in written form within 15 days latest after the reception of the complaint.
In case of dispute, SELLER and the consumer will resolve the conflict peacefully, and if this is not possible, the Municipal Civil Court (Općinski građanski sud) in Split is the competent court, with the application of Croatian law. The dispute resolution is also possible at The Court of Honor of Croatian Chamber of Economy, or other meditation centers.
SELLER retains the right to modify these General Terms and Conditions and other regulation without prior notice. The General Terms and Conditions are in accordance with the laws of the Republic of Croatia.
When the buyer is a legal entity, the customer protection and regulation of the Consumer Protection Act (Zakon o zaštiti potrošača) do not apply. In regard to the written consumer complaint, these rules and regulations do not apply to legal persons; the rules and regulations of the Civil Obligations Act (Zakon o obveznim odnosima) and the Electronic Commerce Act (Zakon o elektroničkoj trgovini) apply instead.