Terms and Conditions of Sale
Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF BUSINESS (hereinafter: “Terms and Conditions“)
GENERAL INFORMATION
The seller’s company Mobidom d.o.o. for trade and services, abbreviated Mobidom d.o.o., Kombolova 17, Zagreb is entered into the court registry of the commercial court in Zagreb under MBS 080751566, OIB 40870983486, PDV ID HR40870983486, represented by board member Vjekoslav Globan, who represents the company individually and independently, founding capital in the amount of HRK 20.000,00 paid in full, increased from the company’s reserves by HRK 534,700.00 to HRK 554,700.00 (hereinafter: “Mobidom” or “Company” or “Seller”). The Company’s account was opened in Zagrebačka banka d.d. IBAN: HR6623600001102185544, SWIFT: ZABAHR2X.
The e-mail address of customer service for retail customers is [email protected]. The working hours of customer service are weekdays from 9 a.m. to 5 p.m. Customer service is closed on Saturdays and Sundays, as well as state and public holidays.
The e-mail address of the personal data protection officer is [email protected].
Mobidom, as the Seller, makes available the General Terms and Conditions of Business on its website fantech.hr. Before using the website, users are obligated to familiarize themselves with the General Terms and Conditions of Business. For any additional questions or ambiguities related to the General Terms and Conditions of Business contact the email address. By using the website, purchasing products via the Seller’s online store or directly at the Seller’s store, it is considered that the User is familiar with these Terms and Conditions and fully understands them, agrees with them, and accepts them in full. In the case that the User is does not agree with these Terms and Conditions, the Seller instructs them to not use the website for the purposes of purchasing products or obtaining information regarding the products, or for any other purpose. In addition, the User of the website is referred to the provisions on privacy protection and the forms for exercising the rights of the buyer/consumer found on the website. These Terms and Conditions are an integral part of each individual sales contract. Agreement to the general terms and conditions is a prerequisite for completing a purchase. The Civil Obligations Act, Consumer Protection Act, Trade Act, and the Electronic Commerce Act, depending on what is applicable, apply to everything that is not regulated by the provisions of these Terms and Conditions. Legal entities as customers are subject to the Civil Obligations Act and the Electronic Commerce Act and are not subject to the Consumer Protection Act. The general terms and conditions of business apply to legal entities in the part that refers to the main features of the product, the procedure for concluding the contract, the price of the product, the shipment of the product, the description of the method of delivery of the product and general information. None of the provisions of these Terms and Conditions can be interpreted in a way that would lead to a reduction and/or restriction of consumer rights provided by applicable regulations. Unless otherwise stated, certain terms and definitions in these Terms and Conditions have the following meaning.
Seller – the Seller is Mobidom d.o.o., Kombolova 17, 10 000 Zagreb.
Company – Company has the meaning as in the introductory provisions.
Mobidom – Mobidom has the meaning as in the introductory provisions.
Website – Website means flashfire.hr.
User – a User is any legal or physical person who accesses and/or uses the content and services of the website and includes all customers and visitors of the website.
Customer – a Customer is any visitor to the website flashfire.hr who, as a legal or natural person, registers his personal data, selects at least one product, puts it in the shopping cart, sends an order to the trader, and pays the purchase price either by e-banking, transfer (payment slip) or pay for the order by cash on delivery.
Consumer – a Consumer is, in terms of these Terms and Conditions as well as the Consumer Protection Act, any natural person who enters into a legal transaction or operates on the market outside of his trade, business, craft or professional activity.
Images and descriptions – the Seller seeks to provide as precise a description and image of the product, and to state the properties of the product as accurately as possible. Images and descriptions of individual products are provided directly by the manufacturer/supplier and can be downloaded from the internet and may not necessarily be identical to the product. The Seller reserves the right to mistakes in the description and pictures of the product. The images of the products are illustrative in nature, and the samples or models are shown only for the purpose of informing and approximately determining the properties of the goods, without the guarantee of equivalence.
Complaint – Complaint means a written complaint of the consumers, that is, a complaint sent by the consumer to the Seller on a permanent medium, expressing their dissatisfaction with the purchased product or the service provided.
PRICE, METHOD OF PAYMENT AND DELIVERY
Next to the image of the product, there is a description of the main properties of the product and its price. The prices are shown with VAT included. All prices are expressed in Croatian kuna (HRK) and euros (EUR) under the fixed exchange rate 1 € = 7,53450 kn. The prices are valid for all types of payment and are visible on the product page as well as the shopping cart when concluding an order. The cost of delivery is not included in the price, and is calculated separately, excluding the cases in which the conditions for free delivery are met. Prices, terms of payment and promotional offers are valid only at the time of order and/or payment. The Seller reserves the right to make changes without prior notice. In the case the Seller discovers an incorrectly marked price after a product order has been made, and before the sales contract is concluded, the Seller is obligated to inform the customer of this fact as soon as possible. The Seller is not authorized to change the price after concluding the sales contract. The conditions of the sale will not be changed after the conclusion of a contract, nor will the Seller cancel the delivery of the goods, except in the case of a technical error during inventory tracking, where a certain product was displayed as available when it was not actually available. In this case the Seller will inform the Customer via the contact information provided when submitting the order and will offer the choice of a product replacement instead of the unavailable one, without the obligation to accept the offer. In the case this offer is not accepted, the paid amount will be returned if the payment has already been made.
Payment – the customer can pay for the ordered products by: a) Cash on delivery (wholesale customers only), b) Transfer, general payment slip or internet banking.
Delivery and delivery times – Delivery is made in Croatia and some countries in the European Union. If you are interested in making a purchase, check the availability of delivery to your country by sending an inquiry to the e-mail address [email protected]. Delivery is carried out by GLS General Logistics Systems Croatia d.o.o. for the area of the Republic of Croatia. The Seller is obligated to process orders received on a weekday immediately, at the latest within 48 hours, and to deliver them to delivery services within 72 hours of processing the order at the latest. Orders received on non-working days or at the end of working hours will be processed the next working day or within 48 hours at the latest. Delivery times depend on the General Terms and Conditions of delivery services and are between 24 to 72 hours, in the case of delivery to islands within 3 to 7 days, depending on the location. Delivery costs The cost of one delivery for the area of the Republic of Croatia is HRK 30,00 with VAT included, regardless of the type and quantity of the product. Delivery for orders worth over HRK 500,00 is free for the area of the Republic of Croatia. Time of delivery for EU countries is 5-10 working days, depending on the location. The specified delivery times are calculated from the moment the payment is received, except in the case of choosing to pay by cash on delivery.
CONCLUSION OF SALE CONTRACT
The Contract concluded by the consumer for the purchase and sale of products and services is a one-time contract consummated by the delivery of goods or services by the Seller and payment made by the Customer, this in case it is not terminated. General Terms and Conditions are an integral part of the concluded Contract. After submitting an order in the online store, the Customer will receive an automatically generated confirmation of receipt of the order (hereinafter: Confirmation) to the e-mail address provided during the ordering process. Confirmation on receiving an order is not a confirmation on entering into a sales contract from the Seller, it is only a document with which the receipt of the order is confirmed. The products available to the Customer are those available in the warehouse at the time of placing an order into the shopping cart on the flashfire.hr online store. The products the Customer puts in the shopping cart are not reserved for the Customer. The product is reserved only after the confirmation of payment by the Customer. Due to multiple orders being confirmed at the same time, there is a possibility that the availability of products in the online store is not equivalent to the Seller’s warehouse. The Seller is obligated to deliver all ordered products that are in stock at the time of shipment. If a product ordered is not in stock at the warehouse, the Seller is obligated to, without delay, notify the customer and to offer the possibility of order cancellation, partial order cancellation (that is, partial order fulfillment) or the purchase of a product replacement that is available for shipment. In the case that the customer does not want a product replacement but has already paid the amount for the specified product, the Seller will return the money to the customer in the same way that the payment was made. The Seller hereby apologizes immediately and in advance for the inconvenience that the stated situation may cause the customer.
TERMINATION OF THE CONTRACT AND THE RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT
The Consumer has the right to cancel the order and/or return a product within 14 working days from the day when the goods which are the subject of the contract were delivered to the Consumer or a third party determined by the Consumer, who is not a carrier, without giving any reason. The Seller is obligated to provide a form for the unilateral cancellation of the contract, and to return the amount paid under the contract no later than 14 days of the trader receiving the notification for the unilateral termination of the contract. The Seller is obligated to execute the return of the payment only after the return of the product, that is after the consumer provides proof of the product having been sent back to the Seller. The Consumer is obligated to bear the direct expenses of returning the goods unless the trader has agreed to carry the expenses. The prerequisite of a unilateral termination of the Contract is that the product has not been used and is contained in the original packaging, including the original labels. The Consumer is responsible for any reduction in product worth that is the result of handling the goods, aside from that which was necessary to determine the nature, properties, and functionality of the goods. In select cases determined under the Consumer Protection Act, it is not possible to use the right for unilateral contract termination, such as in the case if the service contract was fulfilled by the Seller, and this fulfillment began at the explicit prior consent of the Consumer, if the subject of the contract is goods or services, the price of which is dependent on the changes of the financial market that are beyond the trader’s influence, if the subject of the contract is goods that were produced by the specification of the consumer and adjusted to accommodate the consumer, or if the subject of the contract is perishable goods or goods that quickly expire, sealed goods that for health or hygienic reasons are not suitable for returns, if it was agreed that the service be provided on a specific date or in a certain period etc. All exclusions of consumer rights to unilateral contract termination are determined in article 79 of the Consumer Protection Act. A copy of the form for the unilateral termination of the contract that is found on our website can be filled and sent electronically. You can send the filled form by e-mail to [email protected] or by registered mail in the post after signing it. The confirmation of receiving the notification of unilateral contract termination will be delivered to you, without delay, by e-mail. The form for the unilateral termination of the contract can be found on the website of the Seller and can be downloaded HERE. UBACITI LINK NA PDF OBRAZAC The confirmation of notification of the unilateral termination of the contract will be delivered to the e-mail address of the Customer in the case it was delivered to the Seller via e-mail. The Customer that is a legal entity has the right to terminate the sales contract only if they have given the Seller a supplementary deadline for fulfilling the contract, that is, in the event of a deficiency, a deadline for handing over the item without defects, removing the defect or reducing the price, and the Seller has not acted in accordance with the instructions of the Customer within the subsequently given deadline. Customer – a legal entity has the right to terminate a contract without giving a subsequent deadline if the Seller had informed them that they will not fulfill the contract, or the circumstances of the case indicate this. The Seller and Customer will attempt to resolve all disputes amicably, and in the case of failure to do so the court of the Seller’s registered office will have jurisdiction. In accordance with the Electronic Commerce Act the Seller offers the possibility of settling potential disputes with Customers via “Online dispute resolution platform”. This on-line platform is available exclusively to consumers, not to trading companies. More information is available HERE (http://ec.europa.eu/consumers/odr/).
MATERIAL DEFECTS OF ITEMS, WARRANTY AND CONSUMER COMPLAINTS
The Customer is obligated to check the contents of the shipment on arrival for all associated parts listed in the manufacturer’s specification. The responsibility for material defects of items is determined according to the provisions of the Civil Obligations Act, where the term item has the same meaning as product in these Terms and Conditions. The Seller is not responsible for the defects that appear after two years have passed since the item was handed over, and six months in the case of a commercial contract. If the defect is of an insignificant nature the Customer has no right to the termination of the contract but keeps all other above-mentioned rights. If, during diagnostics, it is determined that the Customers product complaint is unfounded, the Customer will bear the cost of the diagnostic. The Customer is, in accordance with article 77. paragraph 5. of the Consumer Protection Act, responsible for any reduction in product worth that is the result of handling the goods, aside from that which was necessary to determine the nature, properties, and functionality of the goods. Warranty of the manufacturer – the Manufacturer guaranties, directly or through an importer and/or distributor, that the product, if used in accordance with the user’s instructions, will function normally within the warranty period. For the products for which the manufacturer and/or distributor guarantees with a warranty the free repair or replacement of the purchased product in accordance with the applicable regulations and conditions specified in the warranty card, the warranty card is an integral part of the delivery with the ordered product to the customer. If the defect is not corrected within the legally prescribed period after receiving the products for service, the warranty provider will replace the product with a new one or return the money to the Customer in agreement with the Seller. The warranty period begins on the day of purchase of the product. The Customer is obligated to keep the warranty card and invoice for the entire duration of the warranty. The invoice and warranty card are the only documents with which the customer obtains the right to the warranty. All electrical devices and electrical parts have a warranty if installed in an authorized service center. For non-technical products, the invoice is the document with which the customer obtains their rights. The Consumer is, in accordance with the Consumer Protection Act, entitled to lodge a Complaint to the Seller. In accordance with the Consumer Protection Act (“Narodne novine”, no. 41/14, 110/15, 14/19) the complaint with which the Consumer expresses their dissatisfaction regarding the purchased product or the quality of service provided is submitted in writing to the address: Mobidom d.o.o., Supilova 7, 10 000 Zagreb, or via e-mail to [email protected] . The Seller is obligated to deliver a written response to the received complaint no later than 15 days from the receipt of the written complaint by the Consumer.
OTHER
The Seller is obligated to maintain the website in accordance with good economic practice and the manners of a good businessman. The Seller cannot guarantee the use of the website will not be interrupted or with no faults, and it is possible that access to the website might be interrupted or temporarily unavailable. Users explicitly agree to use the website on their own responsibility. The Seller is not responsible for the quality of the internet connection through which the Customer accesses the online store of the Seller. The Seller is not responsible for the actions of third parties. Disclaimer – The Seller does not take responsibility for possible difficulties in the operation of the website and/or service, and is not in any way responsible for the damage caused as a result of using, or the inability of using the same, which the User can be subject to by visiting and using the website flashfire.hr, including, but not limited to, direct, indirect, punitive as well as all other forms of damages. The user is obligated to use the website in accordance with the positive regulations and general moral and ethical principles. Any use of the website contrary to the above mentioned is forbidden and may result in termination of access. The Seller reserves the right at any time, and without prior notice, to change, supplement or cancel any part of its business including the website, sub-pages and services offered through it. The above mentioned right includes, but is not limited to, the availability of content, new data, as well as the right to access and use of the website. The User is responsible for the confidentiality of their user account – username, password, and other personal information, as well as the access to the User’s computer. The User accepts all responsibility for any activities performed using their username and password. The website and online store contain materials protected by copyright, trademark, design, including, but not limited to, rights to texts, applications, photos, video materials, graphics, music, sound and the like, unless otherwise indicated. All software used on the Website is the property of the Seller or the supplier of the software solutions and is protected by regulations under the protection of copyright and related rights. Mobidom reserves the right to change or supplement the General Terms and Conditions of Business with no prior notice. The changes are valid from the day of the announcement on flashfire.hr . By accessing and continuing the use of content on the website, the User agrees to the amended or supplemented General Terms and Conditions of Business. We refer Users to check and familiarize themselves with the introduced changes. An integral part of these General Terms and Conditions of Business is the Privacy Policy.
Zagreb, 17th November 2022.
