Amarie Design d.o.o. /LLC/, a company that deals with fashion design and through its website www.amarie-fashion.com provides service information and an online store (web shop).
GENERAL TERMS AND CONDITIONS OF USING THE WEBSITE AND WEBSHOP SERVICE
1. GENERAL TERMS AND CONDITIONS
1.1 In these General Terms and Conditions, the terms in bold letters shall bear the following meaning:
For the purpose of these Terms and Conditions A'MARIE refers to the company AMARIE DIZAJN d.o.o. /LLC/ having its registered office at Zagreb, III. Trnjanske Ledine 4, registered with the court register of the Commercial Court in Zagreb under the company registration number (MBS) 080688194, PIN 93092892560.
Website means all web pages owned by A'MARIE.
User means every natural person with permanent or usual residence in the Republic of Croatia or outside the Republic of Croatia accessing the Website. The term User also refers to Registered User.
Registered User is every natural person with full business capacity, registered for the use of the WEBSHOP service on the Website, with permanent or usual residence in the Republic of Croatia or outside the Republic of Croatia.
WEBSHOP service is every service that enables Registered Users to purchase the A'MARIE products through the Website.
1.2 By accessing the Website via appropriate technological means of access and by using the Website, the User undertakes to comply with these General Terms and Conditions and agrees to be subject to the provisions of these General Terms and Conditions.
2. LIMITATIONS OF USE AND LIABILITY
2.1 By accessing our Website, the User undertakes not to:
- use the Website in any way that is contrary to the regulations currently in force;
- place on the Website or distribute through the Website any content which is contrary to the regulations, including, but not limited to harmful, threatening, disturbing, vulgar, pornographic content, discriminatory content conducive to hatred and racial hostility or content which violates other people's rights and interests;
- alter, delete or destroy any data on the Website;
- use the Website to violate rights of third parties, including confidentiality, intellectual property rights or other rights or interests of third parties;
- use the Website to send electronic mail contrary to these General Terms and Conditions;
- post or share through the Website any illegal software, including, but not limited to viruses, spyware, Trojans, spams or the like.
2.2 Documents, data and information published on the Website may not be reproduced, distributed or in any way used for commercial purposes without an express consent of A'MARIE, or in any way that may cause damage to A'MARIE or any third party. Documents, data and information published on the Website may be used only for the individual needs of Users, in full respect of all copyrights and property rights, and the rights of third parties.
2.3 By using the contents of the Website, the User accepts:
- all risks arising from the use of the Website
- and agrees to use the contents of the Websites exclusively for personal purposes and at his/her own responsibility.
2.4 A'MARIE waives any liability:
- which may in any way arise from or is in connection to the use of the Website
- for any actions of Users arising from the use or misuse of the contents of the Website
- and for any damage that may arise for the User or any third party in connection with the use or misuse of the contents of the Websites.
2.5 The Website may include documents, data, information and links to other web pages created by third parties, which shall, to the extent that is necessary and possible, be marked as such. A'MARIE has no control over the said documents, data, information or other web pages and fully waives any responsibility, including, but not limited to the accuracy, completeness and the availability of the contents of the web pages created by third parties. A'MARIE waives all responsibility for any content of such third party web pages, and for any products or services acquired through such third party web pages. Such third parties shall not be deemed in any way connected with A’MARIE solely on the basis of the link to the Website concerned.
2.6 A'MARIE reserves the right to change the contents of the Website, the right to remove the Website, and the right to restrict access to the Website, without any prior notice, and shall not be held liable for any consequences which might arise from such changes, removal or restrictions.
2.7 A'MARIE shall not be held liable for any consequences which might arise from the unavailability of the Website for any technical reasons.
2.8 A'MARIE reserves the right to change the price of its products.
2.9 A’MARIE reserves the right to prevent access to the Website, IP addresses or Users that engage in actions contrary to these General Terms and Conditions, and shall not bear any liability for this.
2.10 A’MARIE shall not in any way be responsible to users for the costs they bear for using computer equipment and telecommunication systems for the purpose of accessing the Website and the WEBSHOP Service.
3 INTELLECTUAL PROPERTY PROTECTION
3.1 The User accepts that the entire contents of the Website are the exclusive property of A'MARIE or its authorized persons.
3.2. Breach of these Terms and Conditions may start civil proceedings and / or lead to criminal prosecution against the perpetrators of violations of copyrights, trademark rights, or the rights of any other form of intellectual property.
3.3 Use of the Website provides the User with limited, non-exclusive, non-transferable and revocable permission to use the Website contents by browsing them for personal use.
3.4 A'MARIE does not transfer to the User any rights in relation to the content of the Website, and prohibits the use of the contents of the Website other than in conformity with these General Terms and Conditions and the instructions on the Website.
3.5 The User is especially not entitled to download, duplicate, alter, edit, distribute, show, delete, send, sell, resell, adjust, change the content, create derivatives, incorporate it in other web pages or media or use it in any way other than for personal home use, respecting the third party copyrights.
3.6 The User may be expressly permitted to download certain content from the Website. In such case, the User undertakes that such content shall be used exclusively for personal use, and that he shall in relation to such content fully comply with the provisions of these General Terms and Conditions, respecting the third party copyrights.
3.7 A'MARIE is not liable for any breach of copyrights by the User for the purpose of uploading data to the Website, including photographs and documents, and shall upon invitation and based on the evidence on third party copyrights remove them from the Website as soon as possible. If Users upload data on which they have copyright, by doing this they allow that such data become exclusive property of A'MARIE and A'MARIE shall be entitled to use them for commercial purposes, without limitations and compensation.
4 PROTECTION OF PERSONAL DATA
4.2 By marking specific boxes on the Website, it is deemed that the User agrees to the collection, use, processing and transmitting of personal data necessary for the use of the Website, including, but not limited to:
· the consent that A'MARIE may process the personal data provided in accordance with the provisions of the Personal Data Protection Act for the purposes of its own records and providing of other services, creating customer databases, informing of new products and services, and improving of services, and that A'MARIE may provide such data to third parties for the purpose of performance of the service, protecting the interests of Users and A’MARIE, and preventing potential misuse;
· the need to have better insight and understanding of the individual needs and requirements of Users, as well as to develop the best quality for all A’MARIE services, to the satisfaction of Users;
· providing data to other persons necessary for the performance of the above specified purposes;
4.3 A'MARIE shall keep personal data for just as long as necessary for the purposes specified in these General Terms and Conditions. After the expiration of the said term, the personal data shall be destroyed, deleted or made anonymous in a way that ensures that the security of personal data is maintained. A'MARIE shall not disclose Registered User’s personal data to third parties.
4.4 A'MARIE shall ensure that personal data are kept in a safe place, including reasonable administrative, technical and physical protection to prevent unauthorized use, access, disclosure, copying or changes to such personal data, accessible solely to authorized persons. A'MARIE shall enable Registered Users to have access to their personal data in its possession to make sure that the personal data are accurate, complete and updated.
4.5 For all questions related to the use of personal data, Users may contact A'MARIE directly.
4.6 If Users should request deletion of their personal data, A'MARIE shall remove such data, but by doing so, they agree that access to certain content on the Website is to be disabled.
4.7 The User guarantees that the personal data provided are complete, true, accurate and up-to-date.
5 STATEMENT OF SECURITY
5.1 A'MARIE uses the T-Com’s Pay Way which applies the most modern standards of data protection – the Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm. The ISO 8583 protocol ensures that the data exchange between the T-Com system and the authorization centers of credit card companies is made over a private network that is protected from unauthorized access by a double-layer firewall.
6 USING THE WEBSHOP SERVICE AND USER REGISTRATION
6.1 Use of the WEBSHOP Service is available only to Registered Users who are of age and have full legal capacity, as confirmed by using the WEBSHOP Service.
6.2 The registration of users is carried out on the Website, where the User is obliged to enter specific personal or other data and accept the use of such personal data.
6.3 Upon successful registration, the Registered User is assigned a user name and a password which are used to authorise the use of the WEBSHOP Service. The Registered User must keep his user name and password secret. If the user suspects unauthorised use of his user name and/or password, he shall be held liable for any costs incurred through the use of his user name and/or password up to the moment he notifies A'MARIE through contacts published on the Website of his suspicions of unauthorised use. The user is also responsible for all non-permitted activities authorised and carried out under his user name and/or password.
6.4 By registration, the user confirms and declares:
· that he fully accepts these General Terms and Conditions, especially in the part relating to the WEBSHOP Service;
· that the provided personal data is complete, accurate, true and up-to-date;
· that he grants to A'MARIE the express consent that A'MARIE may process the personal data provided pursuant to the provisions of the Personal Data Protection Act for the purposes of its own records and providing of other services, creating customer databases, informing of new products and services, and improving of services, and that A'MARIE may provide such data to third parties for the purpose of performance of the service, protecting the interests of Users and A’MARIE, and preventing potential misuse;
7 CHOOSING AND ORDERING (BUYING) PRODUCTS
7.1 The Registered User hereby accepts that the purchase through the WEBSHOP Service is carried out in a way that the Registered User buys products available through the WEBSHOP Service, designated as "Products" or “Articles” in a way to choose them based on a picture, identification number and/or designation and basic description of the product. The pictures of products are only illustrative, and are not always and in all detail identical to the products actually available. In view of the possibility of individual adjustments to the computer screen, differences in the way in which the human eye might perceive the color of products and the like, A'MARIE does not guarantee that the colors of products are identical to the colors that the User sees on his computer screen.
7.2 Products are ordered by electronic means. Once he has ordered the product, the User becomes the Purchaser. Upon clicking on the "Add to Cart" icon, the selected product is placed into the virtual consumer cart. In the cart Purchaser may increase the number of articles (bought products), delete or change the chosen products. To proceed with the process and buy the chosen articles, it is necessary to click on "Buy” where the selected articles are located. In order to quit the article purchase click “Quit”. Products are regarded as ordered at the moment the Registered User (Buyer) completes the ordering process. Upon completion of the ordering process, a notice will be sent to the e-mail address you provided to register as the User (Buyer), confirming the receipt of your order.
7.7 If A'MARIE is not able to deliver a particular ordered product, the Buyer shall be contacted by phone or e-mail within 48 (forty-eight) hours and informed thereof. The Buyer may always cancel the ordered product and request a refund or a replacement.
8 PRICES OF PRODUCTS BOUGHT THROUGH THE WEBSHOP SERVICE
8.1 The prices of products are shown in Croatian Kuna ("HRK") and include value added tax pursuant to the laws applicable in the territory of the Republic of Croatia, i.e. where the registered office of A'MARIE is located.
8.2 A'MARIE may offer group or individual discounts purchases through the WEBSHOP Service which may be limited to a specific time period or for the purpose of particular sales, that is a particular product type, group or category (brands). The products with discounts shall be clearly marked along with the discount for that particular product.
8.3 A'MARIE reserves the right to change the prices of products until the moment the purchase is confirmed.
8.4 By confirming the purchase, Registered Users complete the purchasing process through the WEBSHOP Service. The purchase contract is made at the moment of payment receipt.
8.5 Shipping charges for purchased products are not included in the price of products specified on the Website.
9 PAYMENT FOR PRODUCTS THROUGH THE WEBSHOP SERVICE
9.1 Registered Users may pay for products by:
- credit cards
- debit cards
- internet banking
Following credit cards are accepted:
9.2 In the case of payment by credit card the authorisation is carried out automatically.
9.3 A'MARIE shall bear all manipulation costs of the User credit card authorisation.
9.4 Only after a successfully completed authorisation will the Registered User be able to perform or continue with the purchase through the WEBSHOP Service. In the case authorisation is not obtained, the purchasing process is terminated. The Registered User shall receive a confirmation by electronic mail or Website whether the authorisation was successful or unsuccessful. The Registered User is responsible for the accuracy of the data stated in the course of using the WEBSHOP Service, which must be complete, accurate, true and up-to-date.
10 INSTALLMENT PURCHASE
10.1 A'MARIE may also offer you instalment purchase available only to Registered Users in the Republic of Croatia pursuant to the A'MARIE’s conditions.
10.2 Number of instalments and instalment purchase terms and conditions shall be specifically stated on the Website.
11 PRICE, TIME AND MANNER OF DELIVERY OF PURCHASE THROUGH WEBSHOP SERVICE
11.1 Delivery of products is possible within the territory of the Republic of Croatia or outside the Republic of Croatia.
11.2 Particular products which are separately marked or found within specific groups/categories (brands) shall be delivered only to the Registered Users within particular territories or countries.
11.3 For allproducts with shipping address inthe Republic of Croatia there is shipping free of charge on all orders over 1.000,00 kn. Otherwise shipping is charged 30,00 kn.
11.4 For all products with shipping address in the EU shipping price is 25 euroin counter value of Croatian Kuna (HRK) in accordance with the exchange rate stipulated by the General Terms and Conditions. Delivery price does not include the costs of import clearance, fees and other administrative and tax charges (PDV, VAT, DDV or the like) in the country to which the goods are delivered. The registered User (Buyer) assumes the import clearance duty and bears the costs of fees and other administrative and tax charges.
11.5 Shipping to countries outside the EU shipping price is charged according to the UPS price list . http://www.overseas.hr/Media/Default/Pricelists/UPS_cjenik.pdf Delivery price does not include the costs of import clearance, fees and other administrative and tax charges (PDV, VAT, DDV or the like) in the country to which the goods are delivered. The registered User (Buyer) assumes the import clearance duty and bears the costs of fees and other administrative and tax charges.
11.6 After A'MARIE confirms an order and if the delivery is due on non-working days, within 48 hours, the delivery period starts and the purchased products shall be delivered to the Registered User within the following deadlines:
- up to 5 business days for the area of the City of Zagreb,
- up to 7 business days for other areas of the Republic of Croatia
-from 5 to 12 business days for islands in the Republic of Croatia,
- up to 15 business days for other areas outside the Republic of Croatia
11.7 In case of a foreseen delivery delay due to force majeure and/or fault which cannot be attributed to A'MARIE and if for any reason the Registered User (Buyer) is not available at the contact number he provided upon registration in order to be informed about this, A'MARIE is not responsible for the delay of delivery.
11.8 The delivery to the user will be made at the address for delivery provided upon User (Buyer) registration, and if the Registered User (Buyer) is not found or does not receive the delivery at the address provided as the address of delivery, a notice shall be left with the number that he can contact, or the delivery may be taken over by a third party (an adult member of the household, person authorised by the Registered User) on presentation of a document for personal identification.
11.9 The Registered User shall examine the parcel upon takeover, report any visible damage directly to the courier, and refuse to accept a damaged parcel. By signing the delivery notification and receiving the invoice, the Registered User confirms that he/she examined the product on takeover and that he/she does not have any complaints regarding the condition of the transport packaging.
11.10 If the Registered User refuses to accept a parcel, because of established and visible damages on the packaging used for transport, he is obliged to fill out a form provided by the courier service regarding damaged parcels, and contact A'MARIE by electronic mail or telephone within 8 (eight) days and state whether he/she wants a replacement or a refund. Upon receipt of a returning parcel and the corresponding form, A'MARIE undertakes to perform a new delivery within the prescribed delivery period on request of the Registered User if a product concerned is available on stock with A'MARIE, and if the said product needs to be ordered from the supplier, the specified period shall be prolonged for the period needed for the supplier’s delivery without additional charges for the delivery or A'MARIE shall make a refund, in line with the request of the Registered User.
11.11 If the Registered User fails to take over the product or refuses to take over the product without a justified reason or refuses to fill out the forms, A'MARIE reserves the right to demand compensation of the expenses incurred.
12 RETURN AND COMPLAINTS REGARDING PRODUCTS PURCHASED THROUGH THE WEBSHOP SERVICE
12.1 Within 8 (eight) business days of the date of delivery of a product, the Registered User is entitled to file a complaint concerning the product purchased or to return a product, if at the time of takeover of the product he establishes defects on the product or if the delivered product is not functional. Based on a request for return or replacement, A'MARIE shall refund the amount paid to the account of the Registered User stated in the request, or replace the product with a new one within 30 (thirty) days of the date of receipt of a returned product to the address stated on the complaint form.
12.2 The Registered User shall announce the return of products purchased in the complaint form after access to the WEBSHOP Service by using his user name and password, entering his personal data and other data connected with the purchase.
12.3 Delivered products shall be returned by delivery to the address Registered User stated in the complaint form. The cost of returning a product is borne by the Registered User.
12.4 The Registered User is obliged to return the product delivered in the condition in which it was delivered (unworn) and in its original packaging (commercial packaging in which the product was delivered) with enclosed invoice.
12.5 If it is established beyond doubt that a complaint regarding a particular product is not justified or that the defects occurred as the result of inadequate handling or use, A'MARIE is not obliged to make a refund or provide a replacement. The product returned under complaint shall be returned to the Buyer at his/her cost, with a written statement of reasons for denial of the request for return or replacement.
12.6 If the request for a refund or replacement is justified, the cost of redelivering the product shall be borne by A'MARIE.
12.7 If a mistake should occur during the packing of ordered products and the Buyer does not receive the product he/she ordered, but some other product, he/she shall report the mistake by using the complaint form within 7 (seven) business days. In such case, the User must return the product which was wrongly delivered at the cost of A'MARIE, which undertakes to deliver the ordered product or make a refund (in line with the request of the User) within 15 (fifteen) days of the day on which the wrong article was received.
12.8 If the User does not receive the product he ordered and paid for, he shall report it within 7 (seven) calendar days of the expected arrival of the ordered product in the complaint form or through contacts published on the Website. A'MARIE shall establish within the said term what happened to the parcel referred to in the complaint, and inform the User of actions taken further to the complaint.
13 CONVERSION STATEMENT
13.1 For Registered Users (Buyers) with permanent or usual residence, i.e. registered office outside the Republic of Croatia, paying in a currency other that the Croatian Kuna (HRK), all payments shall be effected in Croatian Kuna (HRK), and the amount your credit card is debited for shall be determined by virtue of conversion of the price from Euro (EUR) into Croatian Kuna (HRK) pursuant to the current exchange rate of the Croatian National Bank.
13.2 When charging your credit card, the same amount is converted into your local currency at the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated on our web site.
14 OTHER CONDITIONS OF THE WEBSHOP SERVICE
14.1 A'MARIE shall not be held liable for any damage that might be incurred to the Registered User and third parties:
- as a result of unauthorised use of the user name and password or in connection with such use
- or any damage that arises from the use or misuse of the WEBSHOP Service, provided that the damage is not attributable to A'MARIE
- or any damage that might arise from an interrupted Internet connection while using the WEBSHOP Service
14.2 Use of the WEBSHOP Service shall be governed by the provisions of the applicable Electronic Commerce Act and other laws and regulations relating to the rendering and use of such Services.
15 AMENDMENTS TO THE GENERAL TERMS AND MISCELANEOUS
15.1 A'MARIE reserves the right to amend these General Terms and Conditions without prior notice. Registered Users shall review the General Terms and Conditions in force each time they use the Website, and in particular the WEBSHOP Service. The General Terms and Conditions in force shall be published on the Website.
15.2 The General Terms and Conditions in force at the time of receiving the price for the ordered product shall apply to the use of the WEBSHOPservice.
15.3 Any and all disputes which might arise from these General Terms and Conditions shall be settled before the competent court in Zagreb (Republic of Croatia).
DATA ON THE POINT OF SALE
Amarie dizajn d.o.o.
III.Trnjanske ledine 4, Zagreb, 10000
Store: Gundulićeva 19, Zagreb, 10000
Tel/fax 01 4873 524