General Terms and Conditions are a part of the Sales and Purchase Agreement between the company Artmen Ltd. and the buyer.
Payment through internet banking or by transfer to our giro account IBAN: HR0423600001102619474 (Zagrebačka banka d.d.). Once the payment becomes visible in our account, we will send your order to the specified address.
By credit cards:
Payment in instalments
Products offered in the web shop can be paid using the following credit cards: American Express, Visa, Master Card, Diners and Maestro, one-off and instalment payments.
Payment in instalments can be made under the following conditions:
The minimum instalment payment amount is HRK 300, the maximum amount depends on the authorization.
Instalment payment options:
PBZ: Maestro – 2-6 instalments above HRK 300
Visa – 2-6 instalments above HRK 300
American – 2-6 instalments above HRK 300
ZABA: Maestro – 2-12 instalments above HRK 300
MasterCard – 2-12 instalments above HRK 500
Visa – 2-12 instalments above HRK 300
ERSTE: Diners – 2-12 instalments above HRK 300
Maestro – 2-12 instalments above HRK 300
In these General Terms and Conditions, customer refers to a natural person who orders or pays the product delivery service through the website www.menartshop.hr (hereinafter: web shop, Artman or seller).
Customer shall be considered every person who orders at least one product, fills in the requested information and pays the ordered product. Recipient shall be considered a person to whom the product is delivered and this person is different from the customer.
SELLER / INTERMEDIARY IN COMMERCE / SERVICE PROVIDER
The seller, intermediary in commerce and service provider is: Artmen Ltd., with headquarters in Bencekovićeva 19, 10020 Zagreb, Croatia. PIN: 40603345756, IBAN: HR0423600001102619474 (hereinafter: seller).
By accepting these General Terms and Conditions, customer declares that all information he / she has provided are true and complete, that he /she is capable of doing business and that there are no known obstacles to ordering and purchasing the products from the seller, i.e. to purchase products via the web shop.
By visiting and using Menart web shop you accept the use of electronic communication. By doing so, you agree that all agreements, notifications, communications and other content submitted to you electronically are in compliance with legal frameworks as if they were made in writing.
If a visitor or user does not have an e-mail address or provides an incorrect e-mail address or cannot receive e-mails due to technical reasons, seller is not obligated to use other means of communication to inform the customer about the order or any other details regarding the order, delivery, payment, refund, complaint and the like.
All prices displayed in the web shop are expressed in HRK (Croatian kuna) and are set for the final customer, with included VAT. The delivery costs relate to the territory of the Republic of Croatia and are expressed in a special price list.
SPECIAL OFFER PRICES are valid only during the limited time of the special offer. A delay in sending or picking up a product offered at a special price is possible only if the products are paid in advance, either by payment to the transaction account or by card payment.
For products that were not picked up, re-dispatch or delivery is not possible at the same price.
THE ORDER AND THE MOMENT OF ENTERING INTO AGREEMENT
The products are ordered by choosing, using the menu and filling in the electronic form. Customer can order and purchase a product as a registered or unregistered user. The product shall be considered ordered when the customer completes the entire ordering process and pays for the ordered product.
Payment of the ordered products can be carried out in the following ways:
through e-banking or by transfer to the bank account (payment information: Artmen d.o.o., Bencekovićeva 19, 10020 Zagreb, Croatia. PIN: HR0423600001102619474
- online by credit cards: Visa, MasterCard, Maestro, Diners
The order shall be considered received:
In case of payment by credit card – at the moment when Artmen Ltd. receives a confirmation of the customer’s credit card pre-authorization on the amount of the order.
In case of payment through e-banking, by bank transfer or cash on delivery – at the moment when Artmen Ltd. receives the order electronically.
Upon receiving the order, the seller will electronically inform the customer in the form of an e-mail notification that the order has been received and that the product is ordered.
In case of payment by credit card the agreement shall be considered concluded at the moment when Artmen Ltd. receives a confirmation of the customer’s credit card pre-authorization on the amount of the order.
After the confirmation of pre-authorization, Artmen Ltd. shall electronically inform the customer in the form of an e-mail notification that the product has been purchased and that the product is dispatched.
In the case of payment through e-banking and by bank transfer, the agreement shall be considered concluded at the moment when Artmen Ltd. receives a confirmation that the amount of the order has been paid.
In case a product is ordered and e-banking or bank transfer is selected as a payment method, Artmen Ltd. commits to reserving the product at the warehouse for a period of 2 business days, excluding Saturday and Sunday. After the expiry of 2 business days from the receipt of the order, Artmen Ltd. shall no longer guarantee the availability of the product.
If the ordered product is not available in the warehouse, the seller will inform the customer that the product is currently unavailable and about the time period within which the product can become available.
If it is available in the warehouse, the seller shall deliver the ordered product in the shortest possible time.
PAYMENT SAFETY STATEMENT
T-Com Pay Way applies the highest data protection standards –Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm.
The ISO 8583 protocol ensures that the exchange of data between the T-Com system and the authorization centres of credit card companies is carried out in a private network which is protected from unauthorized access by a double layer of firewalls.
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Instructions on safe online shopping are available here (3dsecure instructions for safe online shopping).
DELIVERY BY DELIVERY SERVICE AND COSTS
Ordered items shall be sent by Overseas Express as a package within 5 business days from the receipt of the order or payment (often even before that). For foreign deliveries, the deadline is 6 to 9 working day Exceptionally, due to the sell-out of a particular item or unforeseen circumstances, delivery can take longer than the above mentioned time frame, in which case you will be notified by e-mail.
Delivery is calculated according to the price list agreed with the courier service:
Order amount Shipping costs
up to HRK 150 HRK 20,00
above HRK 150 free
This amount of delivery refers to shipments up to 2 kg with delivery location within the Republic of Croatia.
Foreign Delivery Costs: https://www.overseas.hr/Media/Default/Pricelists/Eurodis_izvoz_cjenik.pdf
If the courier service changes the delivery price, the seller shall clearly indicate the new price in the web shop.
Delivery prices are expressed with included VAT.
Unfortunately, we are unable to influence the delivery speed and possible complications in the delivery created by the delivery service.
If the customer is not at the delivery address at the time of attempted delivery, the delivery service will leave a notice with the shipment number and instructions for further action.
In case the customer orders the goods, but refuses to accept it, Artmen Ltd. has the right to refuse the customer the amount of the purchase price he / she paid for the goods.
If the customer who refused to accept the goods re-orders the goods through the Menart web shop, the seller reserves the right to refuse further processing of the order and the right to charge.
Artmen Ltd. reserves the right not to dispatch orders with incorrect / incomplete contact information, as well as orders with an e-mail / phone number that nobody answers.
TRANSFER OF OWNERSHIP AND OBLIGATIONS OF THE CUSTOMER
The transfer of ownership over the ordered goods occurs at the moment the goods is consigned to the delivery service.
Artmen Ltd. is not responsible in case the package does not arrive at the destination as a result of customer entering an incorrect delivery address. Artmen Ltd. is not responsible if you don’t not receive an order status change notice / order shipping notice due to the setting of your e-mail service.
In case you are not present at the delivery address, you are required to pick up the package at the office of the delivery service within a time period determined by the delivery service or arrange a new delivery if the delivery service allows such a choice.
If the package does not arrive within 3 business days from receiving the order shipping notice, it is your duty to contact the delivery service and check the location of your order.
Customer is obligated to provide information about the delivery address and any additional details regarding the delivery (for example, additional descriptions of the delivery address if the delivery destination is not completely clear). In case of absence of such information, the seller shall arrange the delivery of goods to the best of their ability, but accepts no responsibility regarding the delivery time and delivery risks.
Customer is obligated to check the delivered goods upon receiving it for any damage and to immediately make a complaint to the deliverer and refuse to accept the package. In this case the package is returned to the seller and the new package shall be sent to the customer.
MATERIAL DEFECTS OF PRODUCTS
Artmen Ltd. is responsible for material defects of products sold in its web shop in accordance with the positive regulations of the Republic of Croatia, in particular the Civil Obligations Act.
Ordered products are packed in such a way that ensures that they will not be damaged by usual handling in their transport / delivery.
In case the package is damaged in transport, such damages are visible upon delivery and we advise the customer not to accept such damaged package. We ask the customers to contact us so that we could check the status of the package as soon as possible and send a new one.
In case of a visible product defect upon delivery, the customer is not obligated to accept the delivered product, he / she can refuse to accept it and shall not bear the delivery costs of such a product. It shall be considered that products that were accepted by the customer did not have any visible defects.
Upon receiving the goods, inspection of the ordered goods depends on the customer and the customer is obligated to compare the received items with the receipt and if something is missing, he / she is obliged to make a written complaint to the seller within eight days as the subsequent complaints will not be accepted.
When the customer refuses to accept the damaged package the delivery service will return the package to the seller with the note that it contains a defect. If the product has a hidden defect (the defect that could not be detected by a regular inspection of the package upon receiving it), one that the customer determines after opening the product, the customer has the right to unilaterally terminate the agreement and is entitled to a refund or to have the product replaced, repaired or to the reduction of the price.
CUSTOMER’S RIGHT TO UNILATERALLY TERMINATE THE SALES AND PURCHASE AGREEMENT
Customer has the right, without needing to specify the reasons, to unilaterally terminate the sales and purchase agreement concluded through the web shop, within 14 (fourteen) days from the date on which the customer or a person specified as a recipient, received the ordered product. Customer can do this by any unequivocal written statement expressing his will to terminate the concluded sales and purchase agreement, sent to the seller at Artmen d.o.o., 10 000 Zagreb, Bencekovićeva 19, or e-mail: firstname.lastname@example.org, in which the customer shall indicate his / her first and last name, address, phone number, e-mail and information about the received product.
Seller shall send the customer, without delay, a confirmation of the receipt of the agreement termination statement. In case the customer terminates the agreement, the seller shall no later than 14 (fourteen) days from the day the seller received the returned product refund the full amount to the customer minus the delivery cost if any, in accordance with these General Terms and Conditions, using the same payment type used for the purchase of the product, unless the customer expressly agrees to any other type of payment and assuming that the customer is not obligated to pay any additional costs for such a refund. The refund of the paid amount will be made to the customer only after the seller receives the product at the address indicated on the invoice.
The cost of the return of goods on the basis of unilateral termination of the agreement by the customer shall be borne by the customer.
Prior to ordering the product in the seller's application customer confirms that by accepting these general terms and conditions he / she is also informed of this condition regarding the right to unilateral termination of the agreement.
In case the customer terminates the agreement, as stated above, customer shall be entitled to a full refund only if the returned products are unused, undamaged and in undamaged original packaging with the attached copy of the invoice.
Customer is responsible for any reduction in the value of goods, which is caused by the handling of goods, apart from handling required to determine the nature, characteristics and functionality of the product, therefore:
- in case of damaged or missing packaging, customer is advised not to accept the product, but to return it to the seller with a note on the damaged packaging, otherwise the product shall be considered accepted with undamaged packaging;
- product packaging damaged by the customer after he / she accepted the goods diminishes the value of the product in the event of termination of the agreement (see Table 1 below);
- if the product is visibly damaged (e.g. it is broken or is missing a part, it is damaged in the form of scratches, crevices etc.) it is necessary to inform Artmen Ltd. as soon as possible;
Using the product shall be considered as handling of the product, such as reading a book or playing a CD or a DVD, and the like.
Damaged and / or missing original packaging and handling of the product diminish the value of the product. In case of the agreement for such products is terminated by the customer, Artmen reserves the right to reduce the refund amount as displayed in the Table 1 below.
In case the customer terminates the agreement in accordance with the above provisions and it is revealed that the returned product has mechanical damage or that it misses certain parts, Artmen reserves the right to inspect the returned product in an approved workshop, in order to determine the type and value of the actions to be taken so that the returned product could be restored to its original condition. The amount to be refunded to the customer shall be reduced by the determined reduction percentage. Table 1. – Rules for the reduction of the refund amount in case the customer terminates the agreement concluded through the web shop, taking into account the condition of the packaging and the condition of the returned product.
DESCRIPTION OF THE CONDITIONS:
undamaged packaging, unused, undamaged and complete product
damaged packaging or without the original packaging, unused, undamaged and complete product
damaged packaging or without the original packaging, unused, mechanically damaged and/or incomplete product
REFUND AMOUNT REDUCED BY:
According to the assessment of the approved workshop
Customer shall not have the right to unilateral termination of the agreement if:
- Artman has completely performed its contractual obligations and the performance has begun with the explicit prior consent of the customer and with his confirmation that he / she is aware of the fact that he / she will lose the right to unilateral termination of the agreement from this section in case the service is fully carried out;
- the subject of the agreement are sealed products which, on health or hygiene grounds, are not suitable for return, if they were unsealed after delivery;
- the subject of the agreement are products which, due to their nature, become inextricably mixed with other things after delivery
The subject of the agreement are sealed audio or video recording or computer programs, which are unsealed after delivery.
- the subject of the agreement are books, newspapers, periodicals or magazines, with the exception of subscription agreements for such publications
- the subject of the agreement is digital content that has not been delivered on the physical medium if the performance of the contract has begun with the explicit prior consent of the customer and with his confirmation that he / she is aware that with this consent he / she will lose the right to unilateral termination of the agreement.
RECLAMATIONS AND RETURNS
Customer is entitled to a justified complaint and the return of goods in the following cases:
Delivery of goods that was not ordered
Delivery of goods expiration date of which has passed
Delivery of goods with a fault or that have been damaged, but not during transport
Deadline for submitting a complaint is 8 days after the receipt of the package.
In case of a justified request for the return of goods, customer is required to send a written complaint to the seller by e-mail to email@example.com or by registered mail at: Artmen d.o.o., Bencekovićeva 19, 10020 Zagreb, Croatia.
In order for the seller to be able to quickly determine the order which is the subject of customer’s complaint, customers are asked to indicate their order number, account number or their user name in their complaint. Artmen Ltd. shall confirm the receipt of the complaint in writing, without delay, and the reply, in accordance with Article 10 paragraph 5 of the Consumer Protection Act, must arrive within 15 (fifteen) days from the date of the received complaint.
In case of a justified objection, the buyer is entitled to terminate the contract with a refund of the amount paid or a replacement for an undamaged and a valid product.
If the seller establishes that the complaint is justified and that the damage or any deficiency of the product was not caused by the customer, Artmen Ltd. shall accept the return of the delivered products at its own expense. In case of a justified complaint, the cost of replacing the product with the new one shall be borne entirely by Artmen Ltd.
All goods we sell are properly stored in their original packaging. The shelf-life indicated on the packaging is valid only if the product is properly stored, as indicated on the declaration.
WE DO NOT APPROVE THE RETURN OF USED PRODUCTS IN WORKING ORDER.
CONSUMER’S WRITTEN COMPLAINT
If you are unsatisfied for any reason, you can submit a complaint to Artmen Ltd. Artmen Ltd. allows you to submit a written complaint by registered mail to Artmen d.o.o., Bencekovićeva 19, 10020 Zagreb, Croatia or by e-mail to firstname.lastname@example.org
In order for the seller to be able to quickly determine the order which is the subject of customer’s complaint, make sure to indicate your order number, account number or your user name in your complaint. Artmen Ltd. will confirm the receipt of the complaint in writing, without delay, and according to the above mentioned Act the reply to your complaint must reach you within 15 (fifteen) days from the date of the received complaint.
ONLINE DISPUTE SETTLEMENT
As a result of a special regulation by the European Union from 15/02/2016, the settlement of all disputes related to online purchases within EU will be possible through the ODR platform that you can access here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
This means that in case you encounter a problem during an online purchase within the EU (defective product, inability to replace the product, etc.), you will be able to submit your complaint in a much faster and simpler way at the above link.
The platform can be used by consumers and sellers, and the complaint can be submitted in any of the 23 official EU languages.
Product photos are only illustrative and do not always need to match and in all details the products that are the subject of the order. The seller specifically points out that the visual identity of a product displayed on a photograph does not have to match the real appearance of the product, especially with regard to the monitor settings on the customer's computer, the difference in the perception of colour as seen by the customer on the computer screen etc.
In case of the above mentioned discrepancy between the product displayed on a photograph and the delivered product, such discrepancy shall not be considered as a product defect.
Product information (product description, price, etc.) displayed in the seller's web shop are subject to bugs, malfunctions in the operation of the application, other technical malfunctions, typographical errors, etc. In case of obvious errors or malfunctions in relation to product information displayed in the web shop, seller reserves the right to unilaterally terminate the agreement.
Seller is not responsible for minor scratches on the products and damage to the packaging resulting from the delivery of the goods by the delivery service, if such scratches or damage to the packaging and other minor defects do not affect the basic properties and usability of the product.
On behalf of Menart Web Shop we commit to protect the privacy of all our customers. We collect only the essential, basic customer/user data and inform customers on how these data are used.
All customer data is kept strictly confidential and is accessible only to employees who need these data to perform their job. All Menart Web Shop employees and business partners are responsible for observing the principles of privacy protection.
DECLARATION OF LIABILITY
We do not take any responsibility for the ways you will use information about products, their use and operation. Publications and content published on the website or any part thereof cannot be considered as a sufficient foundation to make personal, financial or business decisions.
Users take responsibility for any damage resulting from their activities that are not in accordance with the above mentioned, as well as for any other type of damage that might result from it.
By accepting these General Terms and Conditions, customer agrees to the provisions of these General Terms and Conditions and accepts that they are an integral part of the agreement.
By confirming the ordering customer confirms that he / she has read the General Terms and Conditions and that he / she accepts that they are an integral part of the Purchase Agreement.