General Terms and Conditions
The company Croshield d.o.o. (hereinafter referred to as: “Company”) is the owner and holder of all rights to the website www.croshield-tac.com. Croshield d.o.o. uses its website to provide the sales service through its webshop (hereinafter referred to as: “Webshop”). When using the Webshop service and related websites and services on www.croshield-tac.com domain, consumers are considered to be familiar with these Terms and Conditions of Sale at all times (hereinafter referred to as: Terms and Conditions) and to fully understand and accept them at all times. These Terms and Conditions apply to the rights and obligations stemming from the purchase of products or services through the Webshop and also to the rights and obligations arising from the conclusion of Distance Sales Contract (hereinafter referred to as: “Contract”) between a consumer as the end customer and the Webshop, that is, the Company, and they are considered an integral part of such Agreements.
The provider of internet sales through the Webshop is:
Name: Croshield d.o.o. for production and services
Short name: Croshield d.o.o.
Registered office: Zagreb
Office address: Ježdovečka cesta 103, 10250 Lučko
Competent Commercial Court in Zagreb, registered with the Commercial Court in Zagreb Number Tt-11/11030-2
Commercial bank and transfer account number IBAN: ERSTE & STEIERMÄRKISCHE BANK d.d. HR7324020061101162308
SWIFT/BIC: ESBCHR22
Tax No. (OIB): 926636616226
VAT ID: HR926636616226
Registration No. (MBS): 080772432
Persons authorized for representation: Dražen Frković
Telephone number: +385 (0) 1 3091 018
Electronic mail address: shop@croshield-tac.com
Webshop users or customers are advised and directed to make themselves familiar with these Terms and Conditions before making a purchase through the Webshop, as well as to check them periodically, all in order to make themselves familiar with all their rights and obligations.
Croshield d.o.o. reserves the right to change these Terms and Conditions at any time without any prior notice or communication. Croshield d.o.o. is not and will not be responsible for any potential consequences resulting from such changes. Changes come into effect at the time when they are posted on the website www.croshield-tac.com.
Croshield d.o.o. reserves the right to terminate the provision of the Webshop service and/or other services provided via the website www. croshield-tac.com as well as the right to change the contents of the Webshop and/or the website www. croshield-tac.com at any time without prior notice. Croshield d.o.o. will not be responsible for any potential consequences resulting therefrom. Changes come into effect at the time when they are posted on website www.croshield-tac.com.
Croshield d.o.o. reserves the right to change, limit and/or stop providing the Webshop service at any time without prior notice, including providing them partially. Croshield d.o.o. may completely limit access, as well as the provision of certain services, to users who violate the provisions of these Terms and Conditions.
The use of Webshop services is permitted solely to adults. The use of the Webshop by children or minors is not allowed. Parents and/or guardians are obliged to attend to the above said, and otherwise assume all the rights and obligations arising from such use. Croshield d.o.o. shall in no case be responsible for any potential consequences of such use or using the Webshop..
All products purchased through the Webshop are used at own risk.
The Webshop, that is, Croshield d.o.o., fully waives any responsibility for the accuracy and/or completeness of the information and content found on the Webshop and/or the website www. croshield-tac.com. Webshop, that is, Croshield d.o.o. reserves the right to errors in the description and image of the product, or typographical errors.
Webshop, i.e. Croshield d.o.o., gives no guarantee that the product photos fully equal to the appearance of the product itself, and is particularly not responsible for any unintentional and/or accidental errors in the product description and/or typographical errors. Differences between the actual product and the photo of a product and product description are especially possible if a manufacturer and/or supplier changes some of the features or content of the product. Nevertheless, the Webshop or Croshield d.o.o. checks the descriptions on a regular basis and in details.
SALE TERMS AND CONDITIONS
- a) Conclusion and termination of sales contract
These Terms and Conditions, as well as any special sales conditions listed along with information about certain products, are included in the Company’s offer for entering into a Contract.
A user as a customer on the Webshop’s website accepts these Terms and Conditions by concluding an order and/or in some other way determined in these Terms and Conditions, while the Contract between a user and the Company is considered concluded, all according to the terms of sale specified in these Terms and Conditions.
The subject and purpose of the Contract is the purchase of a selected product or selected products and/or a selected service or services through the Webshop, where an appropriate price for that product(s) and/or service(s) is to be paid. The contract is concluded by means of remote communication (Distance Contract) via the Internet.
The contract comes into force and is binding from the moment the user accepts the Company’s offer in a way to select the payment method and complete the order as a Webshop registered user or guest user.
The Contract between a user and the Company will be considered concluded by concluding an offer on the Webshop website. The Contract enters into force after a user is registered, that is, from the day when a user accepts the offer to enter into such a Contract.
Following the conclusion of the Contract, a user will receive a confirmation of concluded contract, i.e. a pre-contractual notice as referred to in Article 57, paragraph 1 of the Consumer Protection Act (Official Gazette, No. 41/2014, 110/2015), a notice of the user’s right to unilateral termination of the Contract with the form attached for unilateral termination of the Contract according to Article 61, paragraphs 1 and 2 of the Consumer Protection Act and these Terms and Conditions.
A User will be entitled to terminate the Contract unilaterally within a 14 (fourteen) days’ period without giving any reasons for it.
A user will not be entitled to unilateral termination of the Contract if:
–the service has been fully fulfilled and the fulfillment has begun with his/her express prior consent and with his/her confirmation suggesting that he/she is aware of the fact that he/she will be deprived of the right to unilateral termination of the contract if the service is fully fulfilled,
–the subject matter of the contract is sealed merchandize which, for health or hygienic reasons is not suitable for return if the seal was removed after the delivery,
–the subject matter of the Contract is the merchandize produced according to the consumer’s specification or that is completely tailored to the consumer;
–the subject matter of the Contraact is easily perishable merchandize or merchandize with short validity time;
–the subject matter of the contract is the merchandize which, because due to its nature, is inseparably blended with other items after the delivery;
–the subject matter of the Contract is the delivery of the sealed audio clips or video recordings, or computer programs, which have been unsealed after the delivery and
–the subject matter of the Contract is the delivery of the newspapers, periodicals or magazines, except for subscription contracts for such publications.
In order for a user to be able to exercise the right to unilateral termination of the Contract, he/she must notify Croshield LLC of his/her decision on unilateral termination of the Contract before the end of the term in a way to send an unambiguous statement to be sent:
– by electronic mail to the following address: Croshield LLC, Kaptolska ulica 36, 10000 Zagreb; or
–by electronic mail to: shop@croshield-tac.com,
in which statement a user will indicate his/her name and surname, address, phone number or e-mail address, and he/she can also use the attached example of the form for unilateral termination of the contract.
The form for unilateral termination of the Contract can be found at the bottom of these Terms and Conditions.
A user can fill out and send the relevant form electronically, and in that case Croshield LLC will immediately send him/her a confirmation of receipt of the notice of unilateral termination of the Contract by electronic mail.
The 14 (fourteen) days’ term for unilateral termination of the Contract runs from the day when the merchandize that is subject of the Contract are handed over to a user or a third person designated by a user (who is not the carrier). In case when services are concerned, the term for unilateral termination of the Contract runs from the day of conclusion of the Conctract.
If a user unilaterally terminates the Contract, he/she will be refunded the sums received from him/her, including delivery costs with no delay, and no later than within 14 (fourteen) days from the day when Croshield LLC has received the user’s statement or the form of unilateral termination of the Contract, unless a user has chosen some other type of delivery that is not the cheapest standard delivery offered by Croshield LLC.
The refund will be done in the same way a user made the payment. In case that a user agrees with some other way of refunding the paid amount, he/she will not bear any costs regarding this refund.
Croshield LLC can refund the money only after the merchandize has been returned to the Company, that is, after the Company has been presented a proof that the merchandize has been sent back.
A user should return or hand over the merchandize to the Company at the address Croshield LLC, Kaptolska ulica 36, 10000 Zagreb without undue delay, and in any case no later than 14 days from the day after he/she has sent the Company his/her decision on unilateral termination of the contract.
A user is considered to have fulfilled his/her obligation on time if he/she sends or hands over the merchandize to the company or the person authorized by Croshield LLC to receive the merchandize before the end of the aforementioned period.
The direct costs of returning the merchandize will be borne by a user.
A user will be responsible for any impairment of the merchadize resulting from e handling of the merchadize, except for what was necessary to determine the nature, characteristics and functionality of the merchadize. In case of damage to the original packaging, the refund amount will be reduced by a percentage in accordance with the value of the merchandize, in which case a user will be informed thereabout.
If, at the user’s request, the performance of the service began during the term for unilateral termination of the Contract, a user undertakes to pay the Company an amount that is proportional to what was delivered by the time a user informed Croshield LLC about the unilateral termination of the Contract.
- b) Purchase conditions and purchasing procedure
Webshop indicates, among other things, the main product features, method of use, price, special promotions and benefits, payment and delivery methods for specific products. All the indicated details are valid at the time of placing the order.
The product price and the delivery cost are visible in the shopping cart before the order is placed.
All the information about the purchase confirmation based on the electronic order will be delivered to the customer’s electronic mail address specified in the process of registration/placing an order or in the shopping cart when entering data while concluding the order.
All prices are quoted in Euros (EUR) and this is how the payment is made. All prices are inclusive of VAT. Prices are quoted in Euros (EUR) and are inclusive of VAT for the EU market.
When debiting your credit card, the amount in HRK will be converted into your local currency at the valid exchange rate list of the card issuer’s association. The price conversion may cause a slight difference in the amount compared to the original price posted on our website.
If a user receives no notice of order confirmation, a user can contact Croshield LLC by e-mail at: shop@croshield-tac.com or by phone at: 01 3535 131.
- c) Complaints, claims and material defects
Complaints about defective products and all other claims can be made in writing:
– by electronic mail to the following address: Croshield LLC, Kaptolska ulica 36, 10000 Zagreb; or
–by electronic mail to shop@croshield-tac.com,
If the freight or the freight packaging contains visible damage, a customer can refuse to accept it, and the delivery service will return it to the Webshop or the company.
In case of a justified complaint due to damaged, defective or erroneously delivered products, provided that a customer did not cause the damage, defect or shortage of merchandize, Croshield LLC will give a user an option to terminate the Contract thereby refunding him/her the amount a customer has paid or will entitle a customer to replace the product.
In case of a justified complaint, within the terms specified by the Obligations Act, Croshield LLC shall bear the entire cost of replacing the product with a new one.
In case of a dispute regarding the justification of a complaint and/or the way how the product was returned (the product must be unused, in an unchanged quantity and in the original packaging, accompanied by the original invoice and warranty presented, if any) the product will be submitted to an expert witness for expert assessment or a professional legal entity . If the complaint and the resulting expert assessment were received before the end of the 6 months’ period from the date of delivery of the product to a customer, the cost of the expert assessment, regardless of an outcome, will be borne by Croshield LLC in full. Should the expert assessment confirms the justification of the complaint, the entire cost of product replacement and expert assessment shall be borne by Croshield LLC. However, in case that a complaint proves to be unjustified and in case it is sent after the end of the 6 months’ period from the date of delivery of a product to a customer, the cost of the expert assessment shall be borne by a customer.
In case of faulty and defective products according to Article 43 of the Consumer Protection Act (Official Gazette 41/14, 110/15), the provisions of the Civil Obligations Act (hereinafter referred to as: “COA”) shall apply. After having inspected the merchandize, in accordance with Article 403 of the COA, a distant customer must inform Croshield LLC of any visible defects within a 8 days’ period. In case of inspection of the merchandize jointly by a customer and the Company, a customer is obliged to communicate his/her complaints with no delay. Should a customer fail to adhere to these deadlines, he/she will lose the right that he/she is principally entitled to.
Pursuant to Article 410 of Civil Obligations Act, a customer who has informed Croshield LLC in a timely and proper manner, may, at his/her option, demand that: Croshield LLC eliminate the defect, deliver another item without the defect, demand a price reduction, declare that he/she is terminating the contract. If the defect is insignificant, a customer will not be entitled to terminate the contract, but he/she has all other rights, including the right to rectification of damage. According to Article 412, paragraph 1 of the COA, a customer can terminate the contract only if he/she has previously given the Company a subsequent appropriate deadline for the performance of the contract.
European Commission Regulation No. 524/2013 on online resolution of consumer disputes, which has been in force since 09 January, 2016, put the Online Dispute Resolution Platform (ODR Platform) in use. Electronic link to the ODR Platform – http://ec.europa.eu/odr
In case of unresolved complaints, consumers can have a consumer dispute resolved by the ADR Body in accordance with the Act on Alternative Dispute Resolution in Consumer Matters (Official Gazette 121/16). In case of submission of a proposal for conciliation, the trader Croshield LLC will participate in the procedure before the ADR body: Conciliation Center at the Croatian Employers’ Association, Radnička cesta 52/I, 1000 Zagreb, Croatia, or at http://www.hup.hr
- d) Warranty for product safety and service
A warranty certificate is issued for products covered by the warranty in accordance with the law and the warranty specified by the manufacturer. The right to warranty will be exercised solely upon presenting the invoice and warranty certificate. A customer is obliged to keep the warranty certificate and the receipt. The warranty period starts from the day of issuing the invoice.
In case of issuing a warranty certificate according to which the manufacturer guarantees the product safety during a certain period of time, a customer can, if the product is not safe, demand that the product be repaired within a reasonable period of time, or that some other safe product be handed over to him/her instead of repair. If the product defect occurs during the warranty period, the product must be delivered to the authorized service center specified in the warranty certificate.
Product defect resulting from improper use and/or non-compliance with the instructions is not covered by the warranty. Servicing and sale of replacement parts for the purchased product are provided by the authorized repair services specified in the warranty certificate.
PERSONAL DATA PROTECTION
Croshield LLC has aligned its operations in accordance with GDPR provision (EU) 2016/679 of the European Parliament and Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Your registration shows that you consent to collection and processing of that your personal data for the purpose of conducting purchasing and sales transactions.
The Webshop, that is, Croshield LLC, undertakes to attend to the privacy of Webshop users in accordance with the GDPR, and will use and process the collected data solely for the purposes and reasons specified in these Terms and Conditions.
Croshield LLC or Webshop may collect personal data of users/customers, including first and last name/name, address, tax number or OIB, telephone number and/or e-mail address in accordance with GDPR, only if the user voluntarily makes such data available or delivers such data to the Company/Webshop.
Croshield LLC will use the said data in accordance with the GDPR, solely for the purpose of fulfilling contractual obligations and for the purpose of obtaining an insight into and understanding the users’ needs, habits and requirements as well as for the purpose of further development and raising the quality of Webshop’s services provided.
Croshield LLC uses the Webshop to collect, process and publish data about users in accordance with the GDPR, regarding the way of using the Webshop without disclosing the user’s identity and/or personal data that allows the disclosure of the user’s identity.
Croshield LLC uses the Webshop to collect and record data in accordance with the GDPR about the user’s IP address (Internet Protocol Address) and/or the location of the computer for the purposes of system administration, eliminating problems or malfunctions, confirming the download of content and/or improving the technical features of the Internet service. Croshield LLC automatically records data on the user’s habits of using the Webshop, including a file on visits to specific sites and/or content. Croshield LLC will use such data in accordance with the GDPR for the sole purpose of improving its Webshop service and adapting and individualizing promotional activities according to the individual user’s needs.
Croshield LLC, that is, the Webshop neither records the user’s/customer’s credit card number nor does it store transaction data, but it uses the third-party authorized bank’s services for credit card payments, which protects the user’s/customer’s data by encryption in accordance with the GDPR.
Policy Statement
Croshield LLC is committed to the protection of your personal data according to the foregoing Regulation because it is aware of the importance of security of your personal data when using this website and other services, therefore we strictly protect personal data and such data is available only to employees who need such data to do their work.
We only collect basic user/customer data that is necessary to fulfill our obligations and that has been submitted voluntarily, and the user’s access to its website or to the services will not be conditioned by sending additional personal data.
Croshield LLC will neither sell, rent nor make the collected data available to any third parties or natural persons without the user’s request.
PROMOTIONAL ACTIVITIES
By making a purchase or by providing information about his/her e-mail address, in accordance with GDPR, a user/customer gives the Company his/her consent that Croshield LLC may for the purpose of promoting its services and/or products notify him/her by e-mail about the content of the Company’s or Webshop’s website, changes made to them, discounts, products on sale, products and/or changes regarding the way of providing Company’s and/or Webshop’s services. According to the GDPR, a user may withdraw the given consent at any time.
