GENERAL TERMS OF BUSINESS OPG Cergna INTERNET SHOP
1. Terms of
business
These
general terms and conditions (hereinafter referred to as the Terms) govern the
relations between the Buyer and the Merchant in relation to the conditions and
method of ordering products, product prices, terms and methods of payment, the
rights of the Buyer to object in writing to the Merchant's products and
services, the right to terminate the contract, delivery products and other
services offered by the Merchant, the protection of other data and other issues
important for the conclusion of sales contracts via the Internet store.
The
Consumer Protection Act, the Electronic Commerce Act, the Obligatory Relations
Act and other valid regulations of the Republic of Croatia apply to the Terms
of Business.
The
merchant reserves the right to amend the Terms and its provisions at any time.
All changes will be published on the Merchant's website and will take effect at
the time of their publication on the website. Any changes to the Terms will
apply to purchases made after those changes are posted.
The
customer is obliged to check the valid Terms and Conditions before each
purchase. By ordering the Buyer in the Trader's online store, it is considered
that the Buyer has accepted all the Trader's Terms and Conditions.
These Terms
are available at all times to the users of the services in such a way that they
are enabled to save, reuse and reproduce them.
These Terms
and Conditions are considered an integral part of any sales contract concluded
between the Merchant and the Buyer through the Merchant's online store.
2. Merchant
Merchant name: OPG Cergna
Headquarters: Bale (Municipality of Bale),
Valade 1
Email: info@perdisacca.com
OIB: 91715951334
IBAN: HR9823400093110048937 opened at Privredna
Banka Zagreb
The merchant sells through the Internet store
www.perdisacca.com
3. Customer
The buyer of the products sold by the Merchant is any natural or legal person who buys products or services through the Merchant's online store in the manner stipulated by these Terms. Any natural and/or legal person who chooses at least one product or service of the Merchant, puts it in the shopping cart, sends the Merchant's order and pays for the said product is considered a customer.
The
customer can only be an adult and capable of doing business. Contracts can be
concluded in the name and on behalf of minors and persons completely incapable
of business by their legal representatives or guardians. Persons with partial
business capacity can conclude a contract only with the consent of their legal
representative or guardian. The Merchant bears no responsibility for actions
contrary to this provision.
4. Prices
Through the
Internet store www.perdisacca.com, the customer is able to purchase the entire
range of products and services that are on offer and in the Merchant's stock,
except for special products that the Merchant may from time to time specially
produce.
All prices
represent retail prices and are expressed in euros (EUR) including VAT and
values for all payment methods at the time of purchase.
The
specified retail prices are valid exclusively for the purchase of products or
services via the Merchant's online store and may differ from the retail prices
in stores. Retail prices are valid in case of payment by the methods and under
the conditions stated below.
The
displayed retail prices are valid at the time the order is received.
Promotional
offers are valid only at the time of order and may change without prior notice.
5. Images
and information about products
Images and
descriptions do not necessarily have to be identical to the product. The seller
reserves the right to make mistakes in the product description and images.
Product images are illustrative in nature, and the image illustrating the
product on the website may not fully correspond to the actual appearance and
content of the product. Product images are shown to the customer only for the purpose
of information and approximate determination of product characteristics,
without guaranteeing equality.
The
merchant undertakes to try to the maximum extent possible to ensure the
up-to-dateness and accuracy of the information on the Internet pages,
especially in relation to the price of the offered products and services. The
merchant is not responsible for any errors in the product description, images,
or errors made during price changes and page updates.
In case of
such errors, and especially if the price displayed on the website for any
reason does not correspond to the actual price of the product, the Merchant
will inform the Customer about it without delay, and enable him to cancel or
change the order.
If the
Buyer decides to cancel the product order due to the error described by the
Trader, the Trader will return the money paid to the buyer as soon as possible,
and no later than within 14 (fourteen) days from the date of notifying the
Buyer of the cancellation of the order.
6. User
registration and product order
Products are ordered electronically. Products can be ordered without registration, as a guest or as a registered user. Registration is done by creating a user account. Registration is free. During registration, the User creates a username and password. The user is responsible for all actions and orders made under his user name.
The
Merchant's Data Protection Policy available at the link:
https://perdisacca.com/gdpr applies to the Customer's data provided during
registration. The unregistered user (guest) or registered user is responsible
for the accuracy and completeness of the data entered during registration and
purchase.
The use of
electronic mail for the purpose of sending other offers, notifications and
advertising content (unsolicited commercial communication) is permitted only
with the prior consent of the person to whom such type of communication is
intended, and in accordance with the law governing the field of
telecommunications (electronic communications).
The product
is ordered via the shopping cart. When the Buyer places an order, he accepts
the Merchant's offer, and by sending that order to the Merchant
(electronically) containing the acceptance of the offer, a contract is
concluded between the Buyer and the Merchant. An offer and acceptance, as well
as other declarations of will made electronically, are received when the person
to whom they are addressed can access them. The trader will, without delay,
confirm the receipt of the electronic message containing the acceptance of the
offer for the conclusion of the contract by electronic means, in a separate
electronic message, and deliver the Order Confirmation to the Buyer by e-mail.
The order confirmation contains information about the order, delivery address,
payment method, price/prices, delivery price, contact details of the Merchant's
customer service and other information in accordance with regulations. Along
with the order confirmation, the Customer will also receive these Terms of
Business of the Online Store.
After
sending the order confirmation, the Customer can change the order only by
contacting Customer Service at the e-mail: info@perdisacca.com
In the
online store, the Customer can pay for his order by clicking "Complete
purchase". In the shopping cart, they will then see the total amount of
the purchase (including delivery costs and VAT).
The trader
will deliver the products to the customer in the ordered quantity if they are
available.
In the
event that the Merchant is unable to deliver a certain product within the
stipulated period because the ordered product is not in stock, the Merchant
will notify the Customer in writing, via electronic mail, who may cancel the
product order or possibly accept a new delivery date.
If the
customer decides to cancel the product order, the Merchant will return the
money paid to the customer as soon as possible, and no later than within 14
days from when the delay occurred.
7. Delivery
We deliver
products within the European Union
The cost of delivery is calculated automatically when purchasing a product and an invoice is issued that contains the price of the purchased products and the cost of delivery. You can check our detailed terms and delivery prices at https://perdisacca.com//en/delivery
8. Payment
The
customer can pay for the ordered products and services with credit and/or debit
cards: Visa, Maestro, Mastercard
Credit card
payments are made via the Secure Socket Layer (SSL) protocol with 128-bit data
encryption protected by a certificate.
The
customer pays for his order by clicking "Complete purchase". The
customer then sees the total amount of the purchase in his shopping cart
(including delivery costs and VAT included).
Order
processing starts from the moment the payment is visible on the Merchant's
account.
9. Security
of payment
Confidentiality
of the Customer's data is protected and ensured by the use of SSL encryption.
Online payment pages are secured using the Secure Socket Layer (SSL) protocol
with 128-bit data encryption. SSL encryption is the process of encrypting data
to prevent unauthorized access during its transmission.
This
enables safe transfer of information and prevents unauthorized access to data
during communication between the user's computer and the payment service, and
vice versa.
The payment
service and financial institutions exchange data using a virtual private
network (VPN), which is protected against unauthorized access.
The used
payment service is certified according to PCI DSS Level 1 security standard
prescribed by Visa, MasterCard, Maestro rules.
The
merchant does not store credit card numbers and the numbers are not accessible
to unauthorized persons.
The payment
service is based on the 3-D Secure standard, which currently offers the most
secure payment solution with credit and debit cards in the Internet
environment.
If the
user's card participates in the 3-D Secure program, the customer will be asked
for an additional identity check as confirmation that he is the one using the
card.
10.
Liability for material product defects
The merchant is responsible for material defects of the items he sells on his website in accordance with positive regulations, in particular the Law on Obligations of the Republic of Croatia and the Law on Consumer Protection.
11.
Complaints
Complaints
must be submitted by e-mail at: info@perdisacca.com Complaints must contain
detailed information about the product's defect and, if possible, include
photos of the defects.
The ordered
products are packed in such a way that they are not damaged by normal handling
during transport/delivery.
In the
event that the shipment is damaged during transport, such damage is visible
when taking over the shipment, and in that case the Buyer is not obliged to
take over the shipment.
The exercise of rights in the case of a reported complaint is carried out in accordance with the Law on Consumer Protection and the Law on Obligatory Relations.
12.
Cancellation and termination of the contract
The
customer can cancel the order at any time until the moment of delivery of the
product to the retailer by sending a statement of cancellation of the order by
e-mail to: info@perdisacca.com
If the
order is canceled before the products have left the Merchant's warehouse, the
customer has the right to request a refund of the total amount paid for the
products and the delivery service. If the products have left the Trader's
warehouse, the amount paid will be returned to the Buyer less the costs of
delivery and return.
The right
to terminate the contract under Article 72 of the Consumer Protection Act:
The
customer has the right, without giving reasons, to unilaterally terminate the
contract concluded outside the business premises or concluded remotely within
14 days.
The
relevant term for termination begins to run from the day when the goods that
are the subject of the contract are handed over to the Buyer or a third party
designated by the buyer, who is not the carrier.
If with one
order the Buyer has ordered several pieces of goods that should be delivered
separately, i.e. if it is a question of goods that are delivered in several
pieces or in several shipments, the term begins to run from the day when it is
delivered to the buyer or a third party specified by the Buyer, who is not the
carrier, handed over to the last piece or the last shipment of goods.
If the Merchant does not notify the Buyer of the Buyer's right to unilaterally terminate the contract, this right shall expire within 12 months from the expiration of the term for termination (the 12-month term begins after the expiration of the 14-day term provided for regular termination in case of proper notification). If the notification of the right to unilateral termination is delivered within 12 months, the right to unilateral termination ends after the expiry of the period of 14 days from the day the Customer receives the notification. It is considered that the Buyer has been informed by the Trader of his right to these Terms and Conditions, which are delivered with the order confirmation.
Before the
expiration of the term for unilateral termination of the contract, as stated
above, the Buyer is obliged to notify the Merchant of his decision to terminate
the contract by means of an unequivocal written statement expressing his will
to terminate the contract, sent by e-mail to the Merchant's address:
info@perdisacca.com or by registered mail to the Merchant's address: OPG
Cergna, Valade 1, 52211 Bale, Croatia.
The
merchant undertakes to deliver to the Buyer, without delay, the Confirmation of
Receipt of the Termination Statement by electronic mail through which the Buyer
submits the termination statement or which he specifies as the contact for a
response in the termination statement.
The buyer
is obliged to return the goods without delay, and no later than within 14 days
from the day when he informed the trader about his decision to terminate the
contract. The buyer is obliged to bear the direct costs of returning the goods
in the amount of the delivery price. The trader undertakes to return the entire
amount of the paid funds to the buyer within fourteen (14) days after receiving
written notice of termination of the contract.
The
merchant is not obliged to refund the amount paid before the goods delivered to
the buyer are returned to him, unless he has offered to pick up the goods
returned by the buyer himself, that is, after the buyer provides him with proof
that he has sent the goods back to the merchant, if the merchant has been
informed about this before receipt of goods.
The
Merchant undertakes to refund the amount paid using the same means of payment
used by the Buyer when paying, unless the Buyer expressly agrees to another
means of payment and on the condition that the Merchant is not obliged to pay
any additional costs for such a refund.
Pursuant to
Article 77, Paragraph 5 of the Law on Consumer Protection, the customer is
responsible for any decrease in the value of the purchased product that is the
result of handling the purchased product, except for that which was necessary
to determine the nature, characteristics and functionality of the goods.
Exclusion
of the right to terminate the contract:
The
customer does not have the right to terminate in the cases prescribed by
Article 79 of the Consumer Protection Act, especially if:
- the
service contract was fully fulfilled by the Merchant, and the fulfillment began
with the explicit prior consent of the Customer and his confirmation that he is
aware of the fact that he will lose the right to unilaterally terminate the
contract if the service is fully fulfilled;
- the
subject of the contract is goods or services, the price of which depends on
changes in the financial market that are beyond the Trader's influence, and
which may occur during the duration of the Buyer's right to unilaterally
terminate the contract;
- the
subject of the contract is goods that are made according to the Customer's
specification or that are clearly adapted to the Customer;
- the
subject of the contract is goods which, due to their nature, are inseparably
mixed with other things after delivery.
13.
Duration of the contract
The
contract that the Buyer enters into with the Merchant is a one-time contract
for the purchase and sale of products at a distance, which is consummated by
the delivery of the goods and the payment made by the Buyer, in case it is not
terminated. These Terms are an integral part of that contract.
14.
Customer's written objections and disputes
These Terms
are drawn up in accordance with the Consumer Protection Act and other
regulations of the Republic of Croatia. Customers can send their written
objections to the products or services of the Merchant to the address of the
Merchant: OPG Cergna, Valade 1, 52211 Bale by post, fax or e-mail to the
address: info@perdisacca.com as stated in the Merchant's information.
The
merchant is obliged to confirm without delay that he has received the
Customer's written complaint, and to respond to it no later than within 15
(fifteen) days from the date of receipt of the written complaint.
In the
event of a dispute between the Buyer and the Trader, the latter will try to
resolve the problem by agreement and peacefully, otherwise the court in Pazin
is competent.
Pursuant to
regulation no. 524/2013 of the European Parliament and of the Council, there is
an obligation for traders participating in online sales contracts to provide an
electronic link to a platform for online resolution of consumer disputes on their
website. The online consumer dispute resolution platform can be accessed by the
customer via this link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR
15.
Collection and processing of personal data
When
selling products in its online store, the merchant collects the personal data
of the Customers. All details regarding the protection of personal data of
customers and other respondents can be found at the link:
https://perdisacca.com/gdpr
16. Cookies
The
Merchant's website uses so-called cookies. "cookies" so that the
online store can recognize and remember the user and thus enable the
realization of the purchase.
Cookies are
text files placed on the user's computer by the internet server used by the
user. They are created when the browser on the user's computer loads the
visited web destination, which then sends the data to the browser and creates a
text file. The browser retrieves and sends the file to the server of the
network destination (site, page) when the user returns to it. All information
regarding the Cookie Policy can be found at the link
https://perdisacca.com/en/gdpr
In Bale on June 19, 2023.