Terms & Conditions
Please note: Only the Croatian version of these terms and conditions is legally binding. Translations can only be considered as supporting content.
Relevant provisions of the Civil Obligations Act, Electronic Commerce Act as well as the Consumer Protection Act apply additionally to these General Terms and Conditions.
A) VALIDITY OF THE GENERAL TERMS AND CONDITIONS
A.1.) General Terms and Conditions, as mentioned hereinafter, represent a purchase contract between a single Buyer and Glazbena kutija d.o.o. Company,
The Company registered at the Commercial Court in Zagreb with the number: Tt-12/12569-4
Company number: 080338106, VAT number: HR00730582782
Share capital: € 2.654,46 (HRK 20.000,00) paid in full
Adress: Harambašićeva 60, 10000 Zagreb, member of board: Tomislav Kralj
IBAN numbers:
Zagrebačka banka UniCredit Group
IBAN: HR2623600001101338193 SWIFT CODE: ZABAHR2X
Privredna banka Zagreb
Intesa Sanpaolo
IBAN: HR1123400091110125455 SWIFT CODE: PBZGHR2X
(hereinafter: The Seller), concluded with a contractual purchase of a single item on the internet store published on the Seller's web page (hereinafter: www.glazbena-kutija.hr).
A.2.) The Buyer may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession. A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession.
A.3.) All contracts concluded between the Buyer and the Seller, in connection to the purchase of Seller's products via www.glazbena-kutija.hr, are regulated by the provisions of these General Terms and Conditions, Acts stated in the preambule of General Terms and Conditions, as well as by the Personal Data Protection Act. By taking these provisions into account, the legal effect of the Buyer's offer, the acceptance of the offer by the Seller as well as gathering, processing and protection of personal data of the contracting parties are being reasoned.
A.4.) These General Terms and Conditions are published on www.glazbena-kutija.hr. The Customer has the ability and authority to store or print these General Terms on his own computer system.
B) INVALIDITY OF OTHER CONTRACT TERMS
B.1.) These General Terms and Conditions are a primary and mandatory source of rights with which the legal relation between the Seller and the Buyer is to be regulated and in that sense have the prevailing effect in regard to all other possible sources and replaces all other written or oral contracts, requirements and/or agreements between the Seller and the Buyer and/or contracting conditions of other persons, which deviate or could deviate from these General Terms and Conditions. In case of disagreements between these General Terms and Conditions and all other Buyer/Seller agreements, these Terms shall have a prevailing effect, unless the contracting parties agree differently in writing.
C) VALIDITY OF RELATIONSHIP TOWARDS NON-CONSUMERS
C.1.) These General Terms and Conditions are in any case applicable to any person who is not considered, in the sense of a consumer definition set forth by the Croatian legislation, a consumer.
D) VALIDITY OF RELATIONSHIP TOWARDS THE CONSUMERS
D.1.) These General Terms and Conditions apply to all persons who are considered to be a consumer within the meaning of the legislation of the Republic of Croatia. These General Terms and Conditions shall apply from the moment when the Buyer declares to the Seller that he is fully aware of and agrees to these General Terms and Conditions upon registration through www.glazbena-kutija.hr.
E) VALIDITY OF RELATIONSHIP TOWARDS FOREIGN CITIZENS
E.1.) These General Terms and Conditions are also applicable to persons, whether businesses or consumers, who hold a nationality different from the nationality of the Republic of Croatia, regardless in differences in the legal or statutory position of the Buyer and regardless of his or her actual ability to understand the Croatian language in which these General Terms and Conditions have been written.
E.2.) These General Terms and Conditions are applicable to apartheids, and staff of foreign diplomatic and consular representations and honorary consuls and consulates of foreign states on the territory of the Republic of Croatia.
F) ADVERTISMENT
F.1.) All features of the seller's products, published on www.glazbena-kutija.hr, including the price, are for informational purposes only and do represent an offer by the Seller, and/or a non-obligatory call for bids, unless the Seller exclusively stated otherwise.
F.2.) In case of a sales contract concluded through www.glazbena-kutija.hr, as regulated with these General Terms and Conditions, a term “sale per sample” or “model” is being used. In any case, tolerances in deviations in the structure and/or color of the product by the Seller within the www.glazbena-kutija.hr system is allowed (for example hard wood, veneer, marble panels, furniture of genuine/quality wood, leather, product textile, paint of the electronic device housing etc.) and by acceptance of these General Terms and Conditions, the Buyer expressly agrees to such deviation. In that sense the buyer expresses his approval of Article 460/2 of the Civil Obligations Act to be applied.
F.3.) In order to advertise certain products, www.glazbena-kutija.hr system uses the Google Adwords marketing service. It is a service provided by Google for marketing and targeted advertising. The service is used for the purpose of advertising on Google search engine and for showing a network of buyers who have already visited www.glazbena-kutija.hr. This service can be deactivated in Google settings, ads which are in Your Google profile.
G) BUYER OFFER
G.1.) The Buyer can choose, from the Seller's assortment published on www.glazbena-kutija.hr, a product or a group of products which are of interest by clicking on the button “Order” and in that way add them to his/her “Cart”.
G.2.) By clicking on the “Send” option the buyer is taking a first step in forming a binding offer for the purchase of the goods in the “Cart”. Before making an offer, the Buyer can freely change the available offered items. By clicking the “Confirm order” option, the Buyer is giving an irrevocable offer to the Seller for the purchase of a certain product or a group of products.
G.3.) The offer is valid only under condition that the buyer, by clicking on the appropriate button, confirms that he/she agrees with these General Terms and Conditions and thus constitutes an integral part of the offer. In that case, the Buyer chooses a particular payment method whether by giving an order to a provider of payment services for certain transactions to fulfil the claims towards the Seller, or by other means of payment.
G.4.) The Buyer shall receive an offer based on the price of goods he selected in his/her cart. Payment obligations of the Buyer are the same as before the offer, and are stated in the “Payment” section of the www.glazbena-kutija.hr system, including all handling costs, shipping costs and/or all other costs such as taxes, customs whereas the Buyer shall confirm his awareness and agreement. In order to avoid doubt, costs of delivery, customs, handling and all other costs are not included in the gross price of the product, as published at www.glazbena-kutija.hr and are paid separately.
G.5.) An offer is deemed delivered to the Seller only when it is correctly done through www.glazbena-kutija.hr. This also applies to all other requests, requirements and instructions by the Buyer which can be in connection with the offer.
H) RECEIPT FROM SELLER
H.1.) Receipt confirmation regarding the Buyer's offer, after the shipment of the order, does not represent an acceptance of the offer by the Seller.
H.2.) The Seller's confirmation of the offer shall be furnished through an affirmative electronic (e-mail) message from the Seller or by shipping the product to the Buyer. All other discretion and/or practice shall not be deemed as accepted offer from the Seller.
H.3.) An offer confirmation by the Seller shall commit him only if the payment of all money obligations and all other corresponding costs by the Buyer are guaranteed, in full and without reservations, and if the Seller confirms the availability of the goods in accordance with the Buyer's offer.
H.4.) After the offer has been confirmed by the Seller, the contractual conditions for each purchase between the Buyer and Seller are fixed and cannot be changed, unless the contracting parties do not agree differently in writing.
H.5.) In case the Seller, after the Buyer's offer, cannot ship the product because it is not in stock and cannot be ordered from a single supplier, the Seller shall in writing, by e-mail, inform the Buyer of the said circumstances, so that he/she can by his/her own accord cancel the order or accept a new delivery deadline.
H.6.) A purchase contract concluded through the system www.glazbena-kutija.hr is for a definite time and valid until cancellation. The contract shall be deemed consumed on the day the product is shipped to the Buyer, i.e. with the payment of the purchase price in full.
I) ON-LINE PAYMENT METHODS IN WEB SHOP
1. Virman / payment slip / internet banking
I.1.) When choosing this payment method, you will receive an order confirmation on your e-mail address with all the information you need to make a payment, including the number of the account to which you need to pay the order value. You can then make the payment using online banking or the way you normally pay your bills - via bank, post office or similar.
I.2.) Upon payment received, we will begin processing your order. As the dates of order creation and payment receipt may vary, it is possible to shift the delivery date.
I.3.) When making a payment on proforma invoice, you must make the payment within five days at the latest. After 5 days have elapsed since the proforma invoice was created, we will consider it invalid.
2. Credit and debit card without interest
• Maestro, Visa, MasterCard, American Express, Discover and Diners card one-time
• Maestro card of Zagrebačka banka up to 12 installments
• Maestro card of Privredna banka Zagreb up to 12 installments
• Maestro, Visa and MasterCard cards of Erste Bank up to 12 installments
• American Express credit card up to 12 installments
• MasterCard credit card of Zagrebačka banka up to 24 installments
• Diners credit card up to 36 installments
3. Cash on Delivery (C.O.D.)
This allows you to pay the order amount when you receive the parcel(s). Cash on Delivery is made exclusively in cash to the delivery person upon delivery to the address provided. In case the recipient is not able to receive the shipment at the defined delivery address at the time of delivery, the shipper leaves a notification of the arrival of the shipment.
J) DELIVERY
J.1.) Delivery is made to the entrance to the residential building of the desired address. For parcels of larger dimensions (digital pianos, sound boxes, etc.), delivery is possible up to the first physical obstacle that prevents the delivery of the delivery vehicle to the dwelling. If it is a residential building, the supplier is not obliged to carry the goods up to the floor where the buyer is located, but to the entrance to the building. Delivery is done through transport companies that provide transport services.
J.2.) Delivery is free of charge for all orders above €50 on the territory of Croatia. For ordered goods of less than €50, delivery is charged in a lump sum of €5. For cash on delivery, the delivery is €6. For the price of delivery to other countries, see Delivery information.
J.3.) The delivery service is usually delivered within 24 hours of pickup at the warehouse. The exception are islands and places that do not support daily delivery or fall into settlements limited by the weight of the shipment.
J.4.) In the case of purchase of goods, the delivery time of a particular product will be defined and determined to the buyer via a return email. The delivery time by the seller in such email to the buyer is informative only and does not oblige the seller.
J.5.) A product is considered delivered when the buyer or an authorized person initiates a written acknowledgment of receipt and submits it to the seller or submits to the delivery service.
J.6.) The buyer is obliged to inspect the goods without delay and to notify the seller within 8 days of visible defects of the goods. Otherwise, the seller is not responsible for any visible defects on the purchased goods.
J.7.) Selection of the supplier is the responsibility of the seller, and the seller is solely responsible for choosing the supplier.
K) WARRANTY
K.1.) For goods subject to a guarantee, if so indicated on the warranty card or invoice delivered to the buyer after the sale, the same shall be valid for as long as stated on the guarantee document itself, and the statutory guarantee shall be valid under legal conditions.
K.2.) The warranty terms apply as of the date of delivery of the goods to the buyer, and the seller warrants to the buyer that the product will function properly within the warranty period if the buyer complies with the instructions for use.
K.3.) The buyer is obliged to inspect the goods without delay and to notify the seller within 8 days of visible defects of the goods. Otherwise the seller is not responsible for any visible defects on the purchased goods.
K.4.) In case of hidden defects, the buyer must inform the seller within 8 (eight) days from the day of their discovery, otherwise they lose the right and act on the same. After the expiration of 6 (six) months from the handover of the goods, the seller is released from liability for invisible defects.
K.5.) If the buyer duly informed the seller of the defects (visible and hidden), the seller shall within the statutory time limits have the obligation to the seller: (and) removal of the defect, (and) replacement of the goods with other goods without flaws, (or) reducing the purchase price, (and) will allow termination of the contract. All these rights are given individually and alternatively and do not apply all at once, respectively inability to exercise one of the options, the other becomes active and thus, within the meaning of Article 410 of the Law on Obligations.
K.6.) In case of replacement of the product with another product, the buyer is obliged to deliver the same to the seller at the seller's expense within 30 days of the product being picked up.
K.7.) After the expiration of two years from the receipt of the product, regardless of the timely notification of the defect by the buyer to the seller, the seller is no longer responsible for any defects.
K.8.) The seller assumes no responsibility for any damage caused by the negligence of the buyer or the persons for whom he is responsible. This applies in particular to any further damage. The buyer gives his explicit consent to the exemption of Art. 345/2 of the Law on Obligations, that is, it waives the right to litigate this provision of the general conditions of sale and delivery of goods. The Buyer acknowledges that this provision is not due to the seller's monopolistic position and/or unequal relationship between the parties. The buyer waives the right to refute the contract of sale due to a breach of the principle of equal value for giving.
K.9.) If it is determined that the goods under warranty, which the customer is claiming to be incorrectly correct, the seller will charge the user with a review of the correct product one service hour (180 kn VAT included) with the additional cost of delivering the product to the service (if it was at the seller's expense) and returning the correct product to the customer.
L) STATUTORY RIGHT OF WITHDRAWAL
L.1.) If you are a consumer (In accordance with the Consumer Protection Law), you are entitled to a 14-day statutory right of withdrawal (see “Instructions for withdrawal from the Contract”).
Please note that the right of withdrawal does not apply in the following cases:
• Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
• Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
• Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
• Delivery of newspapers, journals or magazines, excluding subscription contracts.
Instructions for withdrawal from the Contract
Statutory right of withdrawal
L.2.) You are entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which you or a third party you have appointed, who is not the carrier, takes possession of the final goods delivered.
L.3.) In order to exercise your statutory right of withdrawal, you must notify us (Glazbena kutija d.o.o., Harambašićeva 60, 10000 Zagreb, Croatia, Tel/Fax: +385 1 2321 044, Email: info@glazbena-kutija.hr) of your decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email). You may use the withdrawal form attached for this purpose; however, it is not obligatory that you do so.
L.4.) The withdrawal deadline shall be deemed to be met if you have sent the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
L.5.) If you withdraw from this Contract, we must reimburse you for any payments we have received from you, including delivery costs (excluding the additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your withdrawal from this Contract. We will use the same payment method you used for the original transaction in order to reimburse you unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
L.6.) You must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which you notify us of your withdrawal from this Contract. The deadline is deemed to be met if you send the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.
L.7.) You will only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Exclusions from the statutory right of withdrawal
L.8.) The statutory right of withdrawal shall not apply in the following cases:
• Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
• Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
• Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
• Delivery of newspapers, journals or magazines, excluding subscription contracts.
2. Withdrawal form
L.9.) You can download a withdrawal form template in PDF format here (Adobe Acrobat Reader required) and use this in order to exercise your right of withdrawal. Simply send the completed withdrawal form to us by post, fax or email.
L.10.) Statutory right of withdrawal has been excluded by law in several cases. You can find complete information regarding the buyer's statutory right of withdrawal at this link: Consumer Protection Law
