GENERAL TERMS AND CONDITIONS

 

 

of Belodore beauty d.o.o. (registered office: Sveti Duh 28, Zagreb, Croatia; company registration number: 081395421; represented by: Trivic Aleksandar general manager) valid as of the 1.3.2022. until cancellation or amendment (hereinafter the “GTC”):

 

1. Definitions

 

1. Vendor: Belodore beauty d.o.o. (registered office: Sveti Duh 28, Zagreb, Croatia; company registration number: 081395421; represented by: Trivic Aleksandar general manager).

2. Customer: a legal person or other organization without legal personality, identified in accordance with the authentic data specified in the Contract, operating in accordance with the legislation in force at any time, acting via a representative with contractual capacity and rights, or an adult natural person with legal capacity, as defined by Hungarian legislation, identified in accordance with the authentic data specified in the Contract.

3. Consumer: a natural person acting for purposes which are outside their trade, business or profession.

4. Parties, Contracting parties: Seller and Customer together.

5. Webpage: www.belodore.hr website, including the web shop, that is operated by the Vendor.

6. Registration: registration of the Customer on the Webpage with the data requested by the Vendor, creation of a User account on the Webpage.

7. User account: a unique password-protected account created on the Webpage and linked to the Customer via registration, to which an e-mail address belongs as a unique username.

8. Civil Code: Act V of 2013 on the Civil Code.

9. Product, Products: one or more products sold by the Vendor via the Webpage.

10. Conclusion of contract: the process of concluding the Contract described in part II. of the GTC.

11. Contract: based on the regulations of the 6th book of the Civil Code between persons in absentia, an individual sales contract concluded in respect of the Product, to which the provisions of the current GTC also apply.

12. Privacy Policy: written regulations applied to processing of personal data by the Vendor.

The purpose of this GTC to define the conditions of electronic trade of the Vendor’s Products.

2. Order placement, Conclusion of contract:

 

1. By clicking on the name or image of the Product, the Customer can receive information on said Product’s description, price, lead time, shipping costs and conditions.

2. By clicking the “Add to cart“ icon, the Customer can transfer the chosen Product into a virtual shopping cart, after which a notification will pop up that the Product has been added. In case of specific Products the quantity has to be chosen before said Product can be added to the cart. Adding the Product to the cart does not automatically mean that specific Product is available at the Vendor, does not reserve the Product and does not conclude the contract.

3. After adding a Product to the cart the customer has the option to continue shopping and add further Products, or to place an order for the Product(s) in the cart.

4. By selecting any of the Product pages while on the shopping cart page the Customer can continue shopping.

5. On the shopping cart page the Customer can check the contents of their cart. Here they can modify their order and remove items from the cart.

6. By clicking the “Proceed to checkout“ icon on the cart page the Customer can initiate the order placement process. In case the Registration has been completed, the Customer can log in their User account, or they can also place orders without registration.

7. Should the Customer choose to place an order without Registration, the following information has to be provided before they can proceed:

   1. In case of natural person Customers:

      1. Last name,

      2. First name,

      3. Shipping address, country, city, street, number, other address data (e.g. floor, door number), ZIP code,

      4. In case the invoice address differs from the shipping address, separate country, city, street, number, other address data (e.g. floor, door number), ZIP code,

      5. E-mail address,

      6. Phone number.

   2. In case of legal persons or Customers who qualifying as other organizations without legal personality:

      1. Name of legal person or organization without legal personality,

      2. First and last name of natural person representing legal person or organization without legal personality,

      3. Shipping address, country, city, street, number, other address data (e.g. floor, door number), ZIP code,

      4. In case the invoice address differs from the shipping address, separate country, city, street, number, other address data (e.g. floor, door number), ZIP code,

      5. E-mail address of legal person or organization without legal personality,

      6. Phone number of legal person or organization without legal personality.

8. In case the Customer is already Registered, the system will fill in all information described under point II/7. with data provided during Registration.

9. The Customer will also have to choose a specific shipping method, which can be the following:

   1. Courier service,

10. The Vendor reserves the right to choose the person of the respective courier service provider.

11. After choosing the shipping method the Customer can proceed by clicking the “Next“ icon and choose the preferred payment method. On this page the Customer again has the opportunity to check the contents of the shopping cart, the shipping costs, the total order cost, the shipping address and shipping method.

12. The Customer may choose the following payment methods:

    1. Bank transfer,

    2. Debit/credit card,

    3. Cash on delivery.

13. Prior to placing the order the Customer must declare that they have read and accepted the contents of the current GTC by ticking the box next to the “I have understood and accepted the GTC“. Prior to placing the order the Customer must declare that they have read and accepted the contents of Privacy Policy by ticking the box next to the “I have understood and accepted the Privacy Policy“.

14. Prior to placing the order the Customer has the opportunity to add comments, unique requests to the order.

15. If the Customer has a code providing a purchase discount, they can also enter it at the same time as selecting the payment method, after which the system will automatically credit the discount and deduct its amount from the final amount of the order.

16. In case the shipping address differs from the billing address the Customer can provide the correct billing address by removing the tick from the box for “Shipping address and billing address identical“. Data for billing address is described under points II/7.1.1-7.1.3 and II/7.2.1-7.2.3.

17. After the process described in point II/6-16. the Customer can send their order for items in the shopping cart using the “Submit order“ icon.

18. Placing the order shall be deemed as an offer from the Customer. The Contract will only be concluded if the Vendor sends a confirmation e-mail accepting the order placement within 24 (twenty four) hours, in case the following day is not a working day, then until the end of the next working day, to the e-mail address provided during Registration, or, in case of purchasing without registration, to the e-mail address provided during the order process. In case the Vendor does not send a confirmation e-mail within this time period, or if a statement is sent to the Customer about the unavailable status of the Product, the Contract is not concluded.

19. In case the Product to be ordered is not available and the Customer does not choose other Product, the Vendor repays the purchase price and other costs if those have already been paid.

20. If there is an obligation of repaying the purchase price and other costs, those shall be performed by the Vendor only via bank transfer. The Vendor will request the Customer to provide the bank account number. If the Customer denies providing the bank account number, the Vendor is not obliged to perform the repayment.

21. In accordance with the Contract the Vendor agrees to deliver the Products ordered by the Customer to the provided address within the lead time indicated on the Webpage, and hands said Products to the Customer or the Customer’s representative. The Customer acknowledges, that the person making the delivery (courier) does not have the right or obligation to check the identity or representative status of the recipient. All risks resulting from differing Customer and recipient is assumed by the Customer.

22. According to the Contract, the Customer or the Customer’s representative shall pay the purchase price of the ordered Products and any other order costs that may occur. Based on the information provided by the Customer, the Vendor will create an electronic invoice which is sent to the e-mail address provided during Registration, or, in case of purchasing without registration, to the e-mail address provided during the order process, with an additional copy enclosed in the package containing the Product.

23. The Vendor retains ownership of the Products until the full amount of the purchase price has been paid, the Customer acquires ownership of the given Product only after paying the full purchase price and takes over the Product.

24. Governing language of the Contract is Croatian. The Contract does not qualify as a written contract, it is not registered by the Vendor and will not be available later. The order information is registered by the Vendor and archived for at least five years, or as long as the relevant law requires.

25. By accepting the GTC, the Customer also declares that they comply with the requirements set out in the GTC. It is not the responsibility of the Vendor and is not possible for the Vendor to know or find out who is on the user side during the online transactions, therefore the Customer is solely responsible for this.

26. Commercial resale of the Products is not permitted. In accordance with this, the Vendor reserves the right to reject contract proposals which are suspect of being an offer for the purpose of commercial resale.

3. Registration

 

1. The Customer has the option to Register and create a User account on the Webpage.

2. Registration is not mandatory but can be advantageous for the Customer for the following reasons:

   1. After Registration the Customer does not have to add their information for orders again, the system will fill these out automatically. Registered Customers also have the chance to provide differing shipping and billing addresses before submitting the order.

   2. The Customer may take part in loyalty promotion events by the Vendor and may occasionally receive additional discounts as per the Vendor’s unilateral decision.

 

4. Technical options for recognizing and correcting incorrect data before and after conclusion of Contract

1. The contents of the shopping cart can be inspected, modified or deleted anytime before submitting the order.

2. Information provided during Registration (e.g. billing address, shipping address, name) can be inspected or modified anytime on the User account page.

3. The invoice name and address can be modified before placing the order, however, changing it after placing the order is not possible.

4. Before placing the order the Customer has the opportunity to modify every detail of the order.

5. After placing an order, in case of an incorrect order or incorrect data provided, the Customer can contact the Vendor’s customer service and report the issue. Once the Product has been handed to the courier, data modification is no longer possible.

5. Display of prices

 

1. The Webpage displays all prices for the specific Products in Croatian kunas (HRK) including the value added tax.

2. The displayed price does not contain the possible shipping costs, the additional cost for cash on delivery and discounts described in point VIII.

3. The Vendor does not reimburse the value added tax to the Customer under any circumstances expect the total purchase price is reimbursed.

4. If, despite all the diligence and prudence of the Vendor, an incorrect price is indicated on the Webpage, the Vendor is not obliged to sell the Product at the incorrect price, but may offer the Customer the correct and proper price, in knowledge of which the Customer may choose to cancel their order.

5. A price is considered incorrect, when it can be clearly established that there is a significant disproportion in regards to the specific Product and indicated price, or if the specific Product’s price significantly differs from the price of products with similar or identical characteristics available on the market.

 

6. Warranty of title, liability for defects

 

1. The Vendor upholds a warranty of title for all of the Products. The Vendor warrants that, regarding the Products, third persons have no such right that may impede the performance of the Contract and the ownership of the Customer.

2. The Vendor upholds a warranty regarding all of the Products. The Vendor warrants the Customer that the Product is undamaged at the time of delivery. Furthermore, at the moment of delivery to the Customer, the Vendor guarantees that the Product:

   1. possesses all characteristics provided in its description by the Vendor or the manufacturer,

   2. is delivered in the correct quantity,

   3. corresponds to all laws and regulations.

3. After detecting the lack of conformity the Customer shall notify the Vendor of it without delay. The Customer shall be liable for damages resulting from the delay in notification.

4. If lack of conformity arises due to defective Product, the Customer - taking into account the nature of the Product purchased - is entitled to request the repair or replacement of the Product from the Vendor or a proportionate discount or to cancel the Contract.

5. If lack of conformity arises due to shipping of incorrect quantities or incorrect Products, the Customer is entitled to request the Vendor to ship correct Product and quantity enclosed in the order, or to withdraw from the Contract.

6. The Vendor agrees to ship the incorrect Products back, and to ship the correct Products to the provided address anew on its own costs, in case

   1. the lack of conformity arose due to defective Product and the Customer has requested repair or replacement,

   2. the lack of conformity arose due to Product(s) having been shipped in incorrect quantity, and the Customer has requested that the correct quantity be shipped,

   3. the lack of conformity arose due to incorrect Product(s) having been shipped, and the Customer has requested that the correct Product be shipped.

7. If, due to the nature of the Product, it cannot be replaced, the Vendor will not take back the Product in the event of a warranty claim for replacement, but agrees to send a new Product that complies with the order.

8. If the Customer wishes to implement a warranty claim, they may send the warranty claim (download form here) to the address or e-mail address of the Vendor's customer service. The Customer must highlight the order’s ID number and the form of warranty claim chosen when handing in the request. Should the Customer choose to withdraw from the contract, the form can be download from here.

9. A warranty claim for the lack of conformity cannot be made if the Customer was aware of the defect of the Product before receiving said Product, or if the defect was caused by the Customer.

10. The warranty period lasts for 12 (twelve) months receipt of the Products by the Customer. The warranty period resets in case a replacement Product is delivered.

7. Provisions for Consumers

 

1. If the Customer also qualifies as a Consumer, the Contract concluded between the Parties is considered a consumer contract. The provisions of the GTC for consumer contracts shall be interpreted together with the provisions indicated in this section.

2. Liability for defects

   1. Unless proven otherwise, it shall be presumed that the defect recognized by the Customer within six months already existed at the time of performance, unless this presumption is incompatible with the nature of the Product or the nature of the defect.

   2. Defects reported within two months of the detection of the defect shall be deemed to have been filed without delay during the enforcement of the implied warranty claim.

   3. The consumer's implied warranty claim expires within two years from the date of performance, i.e. the warranty lasts for 24 (twenty-four) months from the date of receipt of the Products by the Customer.

3. Product guarantee

   1. The Customer who qualifies as a Consumer shall have the right to demand from the manufacturer to have the Product repaired or - if repair is not possible within a reasonable period of time and without harming the Consumer’s interest - to provide a replacement. A Product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer.

   2. In the application of this point, the producer and distributor - i.e. the Vendor - both count as manufacturer.

   3. The Customer who qualifies as Consumer shall notify the manufacturer and/or the Vendor of the defect after having it detected without delay. Defects reported within two months of the detection of the defect shall be deemed to have been filed without delay. The Customer is responsible for damages resulting from the delay in notification.

   4. The manufacturer or Vendor assumes a product warranty period of 24 (twenty-four) months from the date the specific Product is released by them.

   5. A product guarantee claim cannot be validated parallel to a warranty claim. If it is not clear that the Customer, who qualifies as a Consumer, asserts a product guarantee claim or a warranty claim, the Vendor will evaluate the claim in a more favorable way for the Customer who qualifies as a Consumer.

4. Withdrawal from the Contract

   1. The Customer is entitled to withdraw from the Contract within 14 (fourteen) calendar days from the date of receipt of the Products.

   2. If the Customer wishes to withdraw, they may download withdrawal request here and may send the withdrawal request to the address or e-mail address of the Vendor's customer service. The Customer must highlight the order’s ID number and fact of withdrawal when handing in the request.

   3. In case for withdrawal, the Customer

      1. refuses receipt of the Product,

      2. hands the Product back to the person handling delivery (courier) or

      3. sends the Product to the address of the Vendor’s customer service at their own cost.

   4. In case of a withdrawal described in point VII/4.3.3., the Consumer shall return the Product on their own cost to the Vendor 14 (fourteen) days from the withdrawal.

   5. In case of a withdrawal from contract, the Vendor agrees to reimburse the Customer for the purchase price - if this was already paid - within 14 (fourteen) days following the receipt of the withdrawal statement. In case of cash on delivery payment the Vendor will contact the Customer for the bank information necessary for the reimbursement.

   6. The Customer acknowledges that in case of certain Products (e.g. cosmetics, perfumes) the Customer is not entitled to the right of withdrawal due to health and hygiene reasons if said Products have been opened or their packaging has been damaged.

   7. The Consumer accepts that the Vendor has the right to withhold the purchase price of the Product until the Product is not returned.

5. Commercial guarantee

   1. The Vendor shall, based on the Government Decree No. 151 of 2003 on the commercial guarantee on certain durable consumables (hereinafter: “Guarantee Decree”), provide commercial guarantee for lack of conformity on certain Products.

   2. The Vendor shall pack and hand over the guarantee document together with the Product to the Customer.

   3. The commercial guarantee shall be provided on Products seemed as durable consumables listed in Annex 1. of the Guarantee Decree.

   4. The duration of the commercial guarantee is the duration marked in the guarantee document not less than the minimum duration required by the Guarantee Decree.

   5. The Vendor is exempted from the liability if the Vendor proves that the defect of the Product is caused by its improper use. The defect will not fall within the scope of commercial guarantee if the Consumer is responsible for that, for example by faulty storage or by improper use.

   6. In case of a defect within the scope of the commercial guarantee, the Consumer at their choice may:

      1. request the repair or replacement of the Product, except the performance of the commercial guarantee request is impossible or if it would, taking into account performance of an other commercial guarantee request, cause disproportionate extra costs, taking into consideration the value of the Product in sound condition, the gravity of the breach of contract and the damages caused by the performance of the commercial guarantee to the Consumer,

      2. request a proportionate reduction of the purchase price, perform the repair of the Product or have it repaired at the expense of the Vendor or

      3. should the Vendor not undertake the repair or replacement of the Product or may not, taking into consideration the interests of the Consumer, perform that in due time or, in case the Consumer’s interest in repair or replacement has ceased, withdraw from the Contract.

   7. The Vendor has the right to unilaterally provide more favorable conditions than described in points VII/5.1-5.6. to the Consumer, for example to provide a longer commercial guarantee term.

   8. The Vendor has the right to provide commercial guarantee to a part of the Product separately.

6. Parallel consumer requests

   1. Requests regarding liability for defects and consumer guarantee, product guarantee and consumer guarantee in case of the same defect, at one time and parallelly shall not be communicated. In case it is not unambiguous that the Consumer has communicated a demand regarding liability for defects, product guarantee or consumer guarantee, the Vendor shall evaluate the request as it is the most favorable for the Consumer.

7. Settlement of disputes

   1. In case of Consumer dispute, the Customer who qualifies as a Consumer - in addition to using any of the dispute resolution forums - may turn to their closest assigned county arbitration board. The Vendor informs the Customer that it will not submit to the decision of the council unless otherwise stated.

   2. In case of cross-border consumer legal disputes in connection to online sales contracts, the Customer, who qualifies as a Consumer may settle their dispute electronically by sending in their complaints via the online platform accessible at the following link: [https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show].

      1. To this end, the Customer who qualifies as a Consumer must first register and completely fill out the request for the process, after which said request must be sent electronically to the arbitration board via the online platform.

8. Data protection provisions

 

1. The Vendor shall store the personal data provided by the Customer for a specific purpose, solely for the purpose of fulfilling the current GTC, as well as the performance of the Contract and the subsequent proof of the terms of the Contract that may be concluded in the future. The Vendor will not disclose the Customer's data to third parties, with the exception of third parties involved in the performance of the Contract (e.g. the respective carrier) or a binding decision of a court or any authority to do so.

2. While handling the Customer’s information, the Vendor conducts itself in accordance with regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation), as well as the provisions in force at any time of Act CXII of 2011 about protection of personal data and access to data of public interest, as well as the Vendor’s Privacy Policy.

3. The Customer is entitled to get acquainted with the Privacy Policy before providing their personal data and is obliged to accept it before placing the order or Registering. In absence of acceptance of the Privacy Policy, the Contract will not be concluded.

9. Liability related to the operation of the Webpage, copyrights, trademarks

 

1. The images and colors displayed on the Products are illustrations and may differ from reality. The information on the Webpage has been posted in good faith, however, it is for informational purposes only, and the Vendor is not responsible for the accuracy, completeness of the information, any other errors or omissions.

2. The Vendor does not assume responsibility:

   1. for any network malfunctions and for obstructions, errors and consequences of these to the Webpage caused by said network malfunctions,

   2. for the loss of data and e-mails, for e-mails not received, or received with a delay, or for the consequences of these,

   3. for the hyperactivity of the spam filter on the recipient’s or sender’s side, resulting in e-mails being sent to the Trash/Spam/Promotion etc. folders, and their possible subsequent loss, deletion, misplacement,

   4. for any errors or malfunctions in the communication channel, be it on the sender’s or the receiver’s side, or with any other intermediate channels,

   5. for any malfunctions in the software used during the transaction.

3. The Vendor reserves the right to all elements of its service, particularly to the www.belodore.hr domain name, any of its subdomains, sites and online advertising spaces.

4. The Webpage and its contents are protected by copyright. The use, duplication and replication of the Webpage’s contents - included but not limited to the Vendor’s trademarks - without the Vendor’s consent is prohibited. The download, electronic storage, processing and sale of the contents appearing on the Webpage, or any detail of these is prohibited. An exception to the scope of these provisions is the download of the GTC and the Vendor's data management regulations for information purposes.

10. Information, complaints, settlement of disputes

 

1. For the purpose of providing information on orders, handling complaints and to satisfy any other requests of the Customers, the Vendor operates a customer service department.

2. Contact data of the customer service:

   1. Address: Zagreb, Sveti Duh 28

   2. E-Mail: podrska@belodore.hr

   3. Phone: +385-1-6547-533

3. The customer service is available on weekdays, from 9:00 to 17:00 via phone or in person.

4. Customers who do not qualify as consumers as well as those who do, are entitled to enforce their claim arising from a consumer dispute in court in civil procedure and have the right to exercise their rights before the competent authorities and courts based in the Republic of Croatia. As per the GTC and the Contract, Croatian law is binding for legal disputes between the Parties, and the Croatian language is binding for proceedings.

11. Final provisions

 

1. The Vendor reserves the right to amend the current GTC unilaterally at any time. Amended provisions are applicable for orders and concluded contracts submitted after said provisions come into effect. The Vendor reserves the right to perform modifications or repairs to the Webpage without prior notification at any time.

2. The invalidity of this GTC and any provision of the Contract shall not affect the validity of the other provisions. Invalid provisions must be replaced with new provisions, which best suit the will of the Parties at the time of conclusion of Contract, and which is lawful.

3. Questions not regulated by this GTC and/or Contract are governed by provisions of Croatian law, especially those of the Civil Code.

12. CANCELLATION OF ORDER PROCESSING

We reserve the right to remove products from this website at any time, as well as to remove and/or modify any materials or content from the website. We will always strive to process all orders. In exceptional circumstances, there may be a possibility that we will be forced to decline order processing after sending an order confirmation. We reserve the right to do so at any time. We do not accept responsibility towards you or any third party for removing products from the website, as well as for the removal and/or modification of any materials or content from the website, and for refusing to process an order after sending an order confirmation.

 

Zagreb, 01.03.2022.

 

Belodore beauty d.o.o.