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.
Merchant name: OPG Cergna
Headquarters: Bale (Municipality of Bale), Valade 1
IBAN: HR9823400093110048937 opened at Privredna Banka Zagreb
The merchant sells through the Internet store www.perdisacca.com
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.
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: email@example.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.
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
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.
Complaints must be submitted by e-mail at: firstname.lastname@example.org 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: email@example.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: firstname.lastname@example.org 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: email@example.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
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.
In Bale on June 19, 2023.