Terms and conditions of Use and General Business Terms and Conditions (the "General Terms and Conditions")
1. Subject matter of these General Terms and Conditions
Franck d.d., having its registered office at Vodovodna 20, Zagreb, VAT No.: 07676693758, registered in the Registry of the Commercial Court in Zagreb under Reg. No. (MBS): 080000209 (the “Seller”), defines the relevant matters between the Seller as the provider of IT society services on the one hand and visitors of the www.franck.eu website and its associated microsites and buyers of Seller’s products offered in the Seller’s webshop available at the Seller’s website shop.franck.eu (the “Webshop”) on the other hand. These General Terms and Conditions define in greater detail the process of using the website, the Webshop, placing orders, arrangement, delivery of, payment for and submission of complaints regarding Seller’s products.
A buyer is any natural or legal person that orders a product offered by the Seller through the Webshop, provided such order is accepted by the Seller, as defined in these General Terms and Conditions (the “Buyer”). A visitor is any person that accesses the Seller’s website electronically and views its range of products and/or places a product order with the Seller (the “Visitor”).
By using the website and placing an order as defined in these General Terms and Conditions, the Buyer/Visitor accepts these General Terms and Conditions and their applicability. The Seller may at any time amend these General Terms and Conditions and shall publish such amended General Terms and Conditions on its website.
These General Terms and Conditions are incorporated by reference in each individual contract for the purchase of products available in the Webshop and also constitute the information required to be provided under Article 57 of the Consumer Protection Act (Official Gazette No 41/14, 110/15, 14/19; “CPA”), the information required to be provided under Article 12 of the Electronic Commerce Act (Official Gazette No 173/03, 67/08, 130/11, 36/09, 30/14, 32/19; “ECA”), where applicable based on how the order is placed, and the information required to be provided under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”), and their purpose is to inform the Buyer before it enters into a contract remotely in a clear and comprehensible manner of the different circumstances relevant to the execution, performance and termination of the contract.
2. ENTRY INTO THE PURCHASE CONTRACT
The product purchase contract between the Buyer and the Seller shall be deemed entered into as of the time the Seller accepts the Buyer’s order and the Seller shall notify the Buyer by e-mail of the fact that the contract has been entered into. The product purchase contract between the Buyer and the Seller shall be deemed entered into as of the time Seller’s e-mail confirmation of the order is received at the Buyer’s e-mail address. By purchasing a product through the Webshop, the Buyer shall be deemed to have read and acknowledged all relevant information and consequently accepted these General Terms and Conditions as an integral part of the purchase contract.
Buyers and Visitors acknowledge and accept that the Seller shall not be required to accept an order if it is in any way inconsistent with these General Terms and Conditions or any other terms and conditions of placing orders or purchasing published in the Webshop.
As of the time he places an order for a product, the Buyer/Visitor has reviewed the Webshop and these General Terms and Conditions and agreed to them and has been notified within a reasonable time prior to remote purchasing of:
- he corporate name, registration number, VAT number, registered office, phone number and e-mail address of the Seller;
- the product being offered and its name;
- main characteristics of the product;
- the price of the product, inclusive of all taxes and other levies, and the method of calculating the product price;
- the costs of product shipping and delivery;
- the costs of using means of remote communication for the purpose of entering into the contract;
- the method and terms of payment and the method, terms and time of product delivery;
- the method of handling Buyers’ complaints;
- the terms, times and process of exercising the right to unilateral termination of the contract;
- the consumer’s right to terminate a remotely executed contract;
- the situations where the consumer is not entitled to terminate the contract;
- the liability for material defects of products;
- the after-sales services offered and the terms of using such services (servicing and sale of spare parts), if applicable;
- the warranties offered for a product or service, if applicable;
- the period of applicability of an offer or price;
- the term of the contract and the terms of its cancelation or termination;
- the minimum time during which the Buyer shall be bound by the contract, if applicable;
- the functionality of the digital content, including the necessary technical measures to protect such content, if applicable;
- the interoperability of the digital content with hardware or software, which is, if applicable, known or should be known to the Seller; and
- the mechanism for resolving disputes out of court, the relevant indemnification systems, and how the Buyer may use them.
The contract entered into by the Buyer with the Seller for the purchase of a product shall be a one-time product purchase contract, which shall be deemed completed as of the time the product is delivered by the Seller and the time the Buyer makes the relevant payment.
3. Ordering and registration
A Buyer who is a natural person may only be a contractually capable person of legal age. The Seller shall not be responsible for any conduct in violation of this provision.
The products that may be ordered pursuant to these General Terms and Conditions are offered through the Seller’s Webshop available on its website.
The Buyer shall place an order by submitting an order for the selected products in the Webshop and selecting and confirming the relevant options. An order shall be deemed finally placed as of the time the Buyer selects the relevant option confirmation in the Webshop, which depending on the payment method may be “Order” or “Proceed to checkout”. The Buyer shall be notified of whether or not his order has been accepted at his e-mail address specified in the order, which notification shall confirm that the order has been received.
4. Information about products and services
The Seller shall provide through the Webshop unambiguous, clear and easily understandable information to Visitors and Buyers about the products they may order.
Due to the large number of orders that may be simultaneously placed through the Webshop, the information concerning the availability of a product may not be consistent with its actual availability in stock.
The Seller reserves the right to alter or discontinue (on a temporary or permanent basis) any products or services supplied by it and to modify any Webshop content with no prior approval or notice, subject to good business practices.
If the Seller is unable to deliver a product ordered, it shall contact the Buyer/Visitor by phone or e-mail and notify him thereof. In that case, the Buyer shall be entitled to demand a replacement product. If the Buyer/Visitor chooses o replacement product, the initial order shall be deemed canceled, of which the Buyer/Visitor shall be notified by phone, e-mail, or at the address indicated at the time of placing his order.
The product images displayed in the Webshop are of purely indicative nature and the image of a product appearing on the website may not be fully consistent with the actual appearance and substance of the product.
The Webshop displays the price of each product in kunas (HRK) and such prices are inclusive of VAT and apply to all payment methods available at the time of placing the order. Products shall be supplied at the prices applicable on the ordering date, irrespective of the delivery date.
The product prices are exclusive of the shipping costs, which shall be paid for separately.
The Seller hereby underscores that an error may occur while entering prices or product information in the Webshop. In case such error occurs, the Seller shall act in compliance with Article 10 of these General Terms and Conditions.
6. Special forms of sale
The Seller may periodically, at its sole discretion, include certain products in promotions, sales, seasonal price reduction campaigns, or any other special forms of sale.
Such products shall be available to all Buyers/Visitors under the same terms or shall only be available to the Buyers/Visitors belonging to a specific group, subject to specification of all terms and time limits applicable to such special forms of sale.
After the period of a special sale form expires, the Seller shall not accept any new orders under the terms applicable to such expired sale.
7. Payment for products purchased
The payment for products purchased may be made using a credit, debit, prepaid or corporate card or by cash on delivery.
In case such payment is made using a card, the following cards are accepted: MasterCard, Visa and Maestro. The Seller has entrusted the security of card payments to Monri Payments d.o.o., having its registered office at Radnička cesta 54, Zagreb, VAT No.: 82551932122. After selecting this payment option, the Buyer shall directly access the SSL secure connection where he shall enter the payment card number. As a minimum, this connection is secured by 128-bit encryption, which makes it protected against identity theft and fraud. Like at any other point of sale, the bank verifies and authenticates the card. After completing the relevant form, the Buyer confirms the transaction and completes the ordering process, after which he shall receive Seller’s order confirmation at the specified e-mail address. The amount charged to the card may be equal to or less than the authorized amount if it is impossible for any reason to deliver all products ordered, of which the Buyer shall be notified.
If the card payment process is not successfully completed, the system shall automatically cancel the order.
After the payment process is successfully completed, an order confirmation shall be received at the Buyer’s e-mail address and the Seller shall then proceed to deliver the products ordered.
Particulars of cards shall not be written down or stored and shall not be available to Seller’s employees or any contractors other than the commercial banks the Seller conducts business with.
In case of payment on a cash-on-delivery basis, the Buyer shall pay for the product at the time of its delivery. The Buyer shall pay the invoice for the product ordered to the delivery person at delivery of the product ordered. Such payment shall be deemed made as of the time the relevant amount of cash is handed over at the time of delivery.
The invoice shall be attached to the shipment (each shipment if the goods ordered are to be delivered in several shipments).
8. Delivery of products purchased
Webshop on the territory of the Republic of Croatia, which means that such product may only be delivered on the territory of the Republic of Croatia. The Seller shall deliver a purchased product via the relevant delivery service provider to the address specified by the Buyer at the time of placing the order. Products may be delivered across the entire territory of the Republic of Croatia. The product shall be delivered within 1 to 15 days of the order confirmation date. For orders confirmed before 2 p.m., Monday to Friday, the Seller shall issue an electronic instruction to the delivery service provider (DPD) on that same day, whereas if the order is placed after that time, the instruction shall be given for the next day. After the Seller gives its instruction to DPD, the delivery shall be carried out in accordance with the general terms and conditions of the postal service provider.
The Seller reserves the right to divide an order into several shipments if the items ordered are stored in different warehouses or if some of the items ordered are presently not available in stock. In case of multiple deliveries of a single order, the Buyer shall not be responsible for any additional shipping costs (the delivery service for a single order shall only be paid for once, irrespective of the number of separately delivered items).
In case of a residential building, the delivery person shall carry the goods to the floor where the Buyer resides.
The relevant delivery time limits shall begin to run as of the time the order is accepted as defined in Article 3 of these General Terms and Conditions.
In case of force majeure and/or any other extraordinary situation, determined at Seller’s sole discretion and irrespective of whether or not the competent authorities proclaim a state of emergency with regard thereto, the Buyer understands that the provision of the service may be impeded or that it may be provided partially or not provided at all, at any stage of the ordering/delivery process. The Buyer acknowledges that, in such a situation, the Seller may not comply with these General Terms and Conditions and provide the service to the extent possible at the time considering its logistic abilities, service’s availability and its operating abilities, including but not limited to the right to fully or partially disable access to the Webshop, product ordering and delivery of goods ordered.
If a product cannot be delivered subject to the general terms and conditions of the postal service provider and the product is returned to the Seller, the Buyer shall be deemed to have canceled the order. In such case, the Buyer shall repay all direct costs incurred by the Seller for product delivery and return purposes and the Seller shall in such case be entitled to retain all or part of the purchase price on account of such costs. The Buyer may request from the Seller a new delivery of its order, subject to paying for any additional costs the Seller may incur in such case.
In case an ordered product cannot be delivered within a shipment having a weight in excess of 31.5 kg or length in excess of 175 cm or if the delivery is rescheduled, the Seller shall notify the Buyer by e-mail or phone of such circumstances and endeavor to arrange a new delivery date or product delivery method. In this case, the Seller shall have no liability for such delay or inability to supply/deliver.
The Seller shall charge the Buyer HRK 30.00 for the delivery service. For orders amounting to HRK 200.00 or more, such delivery service shall be free of charge. The delivery price is inclusive of product packaging.
9. Delivery to the buyer
By signing the relevant delivery document, the Buyer confirms the receipt and supply of the product and the receipt of purchase contract validity confirmation. After the shipment is received by the Buyer, it shall be deemed delivered undamaged and, after the shipment is received as described above, the Seller shall have no subsequent liability on such grounds. As of the time the Buyer signs the relevant document as defined in this Article, the risk of accidental deterioration of or damage to the product shall pass to the Buyer.
In case the Buyer orders a product and refuses to accept it for no specific reason, the Seller is entitled to be compensated for the direct costs of product return and retain on account of such costs all or part of the purchase price paid.
10. Inspection on delivery and liability for material defects
At the time of its delivery, the Buyer should inspect the product and establish whether or not there is any visible damage on the shipment and/or the products contained therein and, in case such damage or defect is found, immediately make a complaint regarding this to the delivery person. The Buyer may refuse to accept a product with visible damage, which shall be confirmed by a written report.
If the Buyer is supplied with a product different from the product purchased by him, the Buyer shall be entitled to be supplied with the product actually ordered and, if this is impossible, the Buyer shall be entitled to a refund of the product price paid and the delivery price, if any, and shall return the erroneously delivered product. Such return must be notified by calling the customer service at 01 3710 300 or sending an e-mail to: firstname.lastname@example.org. The customer service is available Monday to Friday between 8 a.m. and 4 p.m.
This shall also apply to cases where the product supplied is not consistent with the product ordered/purchased.
The Seller shall be liable for any material defects on a product sold via the Webshop in accordance with the applicable Civil Code. The Seller shall be liable for any material defects on an item existing at the time risk passes to the Buyer, irrespective of whether or not it was aware of this. The Seller shall also be liable for any material defects appearing after risk passes to the Buyer if they result from any prior cause.
The Seller shall not be liable for insignificant defects.
If the Buyer finds a product to be defective after using it, he shall promptly notify the Seller thereof at Vodovodna 20, 10 000 Zagreb or at email@example.com.
After receiving such complaint, the Seller shall send to the Buyer a confirmation of its receipt of the complaint and inform him whether or not the product may be replaced by a new one, whether or not a refund is available for the product, and whether or not the product must be serviced by an authorized repairer.
In case the product needs to be sent to an authorized repairer, it shall be provided to such authorized repairer at Franck d.d., Central Workshop, Radnička cesta 177, 10 000 Zagreb.
The warranty period and terms shall be indicated in the warranty document applicable to the product sold that is guaranteed to be free from defects in accordance with the Civil Code and the Consumer Protection Act. If the product purchased by him is defective, the Buyer may request from the Seller and the manufacturer to repair it within a reasonable time or, if this is not available, to be provided with a non-defective product replacing the defective product.
To be able to exercise his warranty rights, the Buyer must use the product in accordance with the Instructions for Use provided to the Buyer with the product and the Buyer needs to present the warranty document and invoice.
The Seller shall acknowledge the Buyer’s transport costs in case the complaint is reasonable.
Such defects must be rectified within 30 days of receiving the product.
The warranty period shall be 12 months following the product purchase date. The warranty period shall be extended for the number of days the product is out of use as a result of a complaint.
If no warranty period is specified or if no warranty document is provided with the product, the manufacturer of the product does not warrant that the item shall be free from defects for a specific time.
If the product is replaced or if a substantial repair thereof is carried out due to its defectiveness, the warranty period shall resume as of the time the product is replaced or the time the repaired item is returned.
The Buyer’s warranty right shall expire one year after the date he requests the relevant item to be repaired or replaced.
13. Unilateral termination of the contract by the buyer
Pursuant to CPA, a Buyer who is a consumer within the meaning of CPA may unilaterally terminate the contract without giving his reasons within 14 days of the product delivery date or the date of delivery of the last product included in a particular order. All information concerning the Buyer’s right to unilateral contract termination is provided in CPA.
An exception to this right to termination shall apply to products for which Article 79 of CPA excludes the right to unilateral termination of the contract, including but not limited to:
- perishable goods or goods approaching their expiration date;
- sealed goods which are not eligible for returns for health or hygienic reasons or have been unsealed after delivery (e.g. the Buyer cannot unilaterally terminate the contract and return coffee, tea or any other food product if he has already opened its packaging);
- any goods that are due to their nature inseparably mixed with other items after delivery;
- cases where over half the product is consumed in the process of determining whether or not it is defective;
- supply of alcoholic beverages, the price of which is agreed at the time of contract execution, but which cannot be delivered in less than 30 days, if the price is dependent upon market developments not controlled by the merchant.
The standard unilateral contract termination form is available here. The Buyer may unilaterally terminate the contract by using such form or by making any other unambiguous statement expressing his intention to terminate the contract and by sending the form to the Seller’s business address at Vodovodna 20, 10 000 Zagreb or to firstname.lastname@example.org. The Seller shall promptly e-mail a confirmation of its receipt of such notice of unilateral contract termination to the Buyer.
In case of such unilateral contract termination, the Seller shall act in compliance with CPA. The price paid shall be refunded after the Buyer returns the product purchased and after the relevant evidence of Buyer’s shipping of the product back to the Seller or a third party designated by the Seller is received. The Buyer shall return the product without undue delay, but no later than 14 days of the date he notifies his unilateral contract termination.
Pursuant to CPA, the Buyer shall be responsible for the direct costs of returning the product if he exercises his right to unilateral contract termination and the Buyer may also contact the Seller by calling its customer service at 01 3710 300 or at: email@example.com to obtain further information from the Seller about the means, options and terms of returning the product. The customer service is available Monday to Friday between 8 a.m. and 4 p.m.
Pursuant to Article 77(5) of CPA, the Buyer shall be liable for any impairment of the purchased product resulting from the handling and using of the purchased product in case the contract is terminated as described in this Article. The Buyer shall also be liable for any impairment of purchased products returned to the Seller or a third party designated by the Seller damaged or destroyed, in which case he shall not be entitled to a full refund of the purchase price paid.
A Buyer’s request for a replacement of an ordered and duly supplied product shall be treated as his notice of unilateral contract termination subject to this Article of these General Terms and Conditions. The Buyer shall in such case complete the relevant product return form. In case the contract is unilaterally terminated in accordance with this Article (return or replacement), the products need to be sent to the Seller’s address or any other address indicated in such form.
14. Personal data
For the purpose of shopping in the Webshop, the Buyer/Visitor shall enter his personal data: full name, address, e-mail address, phone/mobile phone number.
The Seller shall maintain the confidentiality of Buyers’ and Visitors’ personal data and treat them in accordance with GDPR or any other regulations applicable to personal data protection.
Buyers’ personal data provided at the time of purchasing shall be processed for the purpose of performing the contract via the Webshop, including prior verification of the conditions precedent to entry into the contract, and for the purpose of conducting the payment transaction and delivering the product. Personal data shall also be processed for the purpose of preventing any abuse, fraud, and for the purpose of informing Buyers of news and offerings within the Webshop, subject to Seller’s legitimate interest.
Buyers and Visitors shall provide accurate, current and complete personal data. In case this Buyer’s or Visitor’s obligation is violated, the Seller may deny such user access to or refuse to supply him with all or part of the services and products offered by it. The provision of the service is conditional upon the processing of personal data for contract performance purposes, which may as such not be restricted or revoked. In case the Buyer refuses to provide his personal data, he shall not be able to enter into contract with the Seller or make any purchase in the Webshop.
The Seller shall not disclose or transmit any Buyers’ or Visitors’ personal data to any third party except for the purpose of performing the product purchase contract (which pertains to financial institutions through which payments are made, suppliers of the purchased product for accounting, supply and delivery purposes, and persons responsible for maintaining the IT system used to conduct purchase transactions), protecting Buyers’, Visitors’ and Seller’s interests, and to prevent any abuse. Such personal data shall also be provided to the competent authorities if so required by them by operation of the law.
The Seller shall take measures to ensure appropriate security of personal data, including their protection against unauthorized or illegal processing and against accidental loss, destruction or damage by implementing appropriate technical and organizational measures.
15. Buyers' complaints
The Buyer shall be entitled to submit a complaint regarding a sale service performed via the Webshop to Franck d.d., Vodovodna 20, 10000 Zagreb, or to firstname.lastname@example.org or personally at the Seller’s business premises. The Seller shall promptly confirm its receipt of such Buyer’s complaint and shall provide its response thereto in writing within 15 days of receiving the complaint.
Furthermore, the Buyer may, pursuant to the Alternative Consumer Dispute Resolution Act, initiate a consumer dispute resolution process by using the ODR platform before the authority responsible for alternative dispute resolution, which is available at https://ec.europa.eu/consumers/odr.
16. Liability and limitation of liability
The Seller uses its best efforts to ensure that the information published on the Webshop’s website is up to date and accurate. Nevertheless, the product characteristics, the delivery date or the price may be varied before the Seller is able to modify the information appearing on the website. In such case, the Seller shall notify the Buyer of the changes and allow him to withdraw his order or to have the ordered product replaced.
The Webshop website may be temporarily unavailable or available to a limited degree as a result of its regular maintenance or system upgrading, technical difficulties, force majeure, or any other causes. To the extent permitted by the applicable law, the Seller (or his associated third parties) shall not be liable, irrespective of the cause and duration, for any unavailability of the Webshop or any delay or interruption in the transmission of information, or any partial or full failure or malfunction and/or technical problems that may result in erroneous data processing, or any resulting claims or losses.
The Seller shall not be liable to the Buyer and/or Visitor for any loss or costs they may incur as a result of or in connection with the use of the Webshop, or for any loss that may be incurred by any third party as a result of using or utilizing the Seller’s website.
For shopping in the Webshop, the Buyer must have a valid internet connection. The services provided by the Seller via the Webshop are exclusive of any costs incurred by the Buyer/Visitor as a result of using computing equipment or any other electronic equipment (electronic devices) or services to access the Webshop. The Seller shall not be liable for the costs of telephone services, data traffic or any other costs that may be incurred while placing an order or browsing/searching the Webshop.
The content of the Seller’s Webshop website is protected and the Seller has an exclusive right to use it. Any commercial exploitation of any content appearing on the Seller’s website shall be subject to prior contact with the Seller by e-mail at email@example.com.
17. Intellectual property
The Webshop website contains Seller’s materials protected by copyright, trademark, design, and other information covered by other rights vested in natural or legal persons, including but not limited to text, software, photographs, videos, graphics, music, sound, and the entire content of the Webshop. All materials (text, photographs, images, drawings, audio and video materials, etc.), trademarks and service marks, logos and other contents appearing on the Webshop website shall remain exclusive property of the Seller and may only be used after obtaining express authorization from the holders of the relevant copyrights and trademark and/or design rights.
Any copying, distribution, transmission, disclosure, reproduction, modification, revision, conveyance, linking or deep linking of, or making derivatives from, or any other alteration of the Webshop website without Seller’s specific written authorization shall be strictly prohibited.
Any violation of these General Terms and Conditions that may result in infringement on copyright, trademark right, or any other form of intellectual property rights may lead to a civil or commercial proceeding against and/or any prosecution of the perpetrator for felony or misdemeanor. It is not permitted to copy, redistribute, retransmit, issue or commercially exploit any downloaded materials without Seller’s and copyright holder’s written authorization.
The Buyer/Visitor may only download, print and save copyrighted materials for its own use. Using and printing Webshop contents is only permitted for information purposes and for Buyer’s/Visitor’s personal noncommercial purposes.
The Buyer/Visitor shall not post, publish or otherwise make any material available on this Webshop website if such material is subject to copyright, trademark right, or any other intellectual property rights without specific authorization from the holders of such rights.
The Seller shall not be required to inform the Buyer/Visitor of or help him determine whether or not a particular material is copyrighted.
By using or accessing this site, the Buyer/Visitor does not acquire any express or implied right to exploitation or any license or right to use any trademark, patent, design, copyright or any other right vested in the Seller’s company and/or any third party. The Buyer/Visitor and each registered user shall be personally responsible for respecting the relevant copyrights and other intellectual property rights with regard to such content.
18. Applicable law and jurisdiction
The interpretation, applicability and legal effects of these General Terms and Conditions shall be governed by Croatian law and so shall any claims or disputes arisen as a result of or in connection with the use of the Seller’s website and the Webshop.
The courts of Croatia shall have the sole jurisdiction in case of any dispute between the Seller and the Buyer/Visitor, namely the competent court in Zagreb.
These General Terms and Conditions shall be subject to changes or amendments at any time. Any amendment to or repeal of these General Terms and Conditions shall become effective as of the time it is published on the Seller’s website.
The Buyer/Visitor shall from time to time reread these General Terms and Conditions to learn of any changes. If the Buyer/Visitor uses the Webshop website after these General Terms and Conditions are modified, he shall be deemed to be aware of such modifications and to have understood and fully accepted them. The Seller waives its liability for any loss caused to the Buyer/Visitor or any third party as a result of such modifications.
In case any particular provision of these General Terms and Conditions is held invalid, such invalidity shall not affect the validity of any other provision of these General Terms and Conditions and the remaining provisions hereof shall continue in full force and effect.
If either party fails to exercise any right it may have under these General Terms and Conditions, this shall not be construed as a waiver or forfeiting of such rights in the future, or any other rights hereunder.