GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE
I/ GENERAL PROVISIONS (BASIC INFORMATION)
Please read these General Terms and Conditions of the online store of the company FIVITO GRUPA d.o.o., Bernarda Bernardija 8, Zagreb, OIB: 34559757098 (hereinafter: “General Terms”) carefully before using the website www.blueframe.agency
for the purpose of purchasing products advertised on it or obtaining information about a specific product.
By using the online store, it is considered that users are at all times fully familiar with these General Terms and fully understand and accept them.
Interpretation of certain terms stated in these General Terms (words in the singular include the plural and vice versa, unless the context indicates otherwise):
Product: means any product displayed on the Website that can be purchased through the Online store.
Seller: means the company FIVITO GRUPA d.o.o., Bernarda Bernardija 8, Zagreb, OIB: 34559757098;
Website: means the internet site www.blueframe.agency
which is owned by the Seller;
Buyer: means a legal or natural person (any adult and legally competent person) who orders at least one Product offered on the Website via electronic communication means;
Website visitor: is a person who accesses the Website through electronic communication means and freely browses the displayed product offer;
Users: means the Buyer and the Website visitor together;
Online store: means the online store of Products available on the Seller’s Website;
II/ SCOPE OF APPLICATION AND VALIDITY OF THE GENERAL TERMS
These General Terms apply exclusively to the Online store of Products on the Seller’s Website and regulate the mutual rights and obligations of the Users and the Seller, unless otherwise determined by the Seller and the Buyer.
The Seller reserves the right to amend these General Terms at any time, provided they are published on the Website.
Access to the Website may sometimes be unavailable due to work, maintenance or the introduction of new content, as well as in cases of unforeseen circumstances beyond the control of the Seller, which the Seller will attempt to resolve as soon as possible.
If any issue is not regulated by these General Terms of the Seller, the provisions of the applicable Consumer Protection Act, Civil Obligations Act, Electronic Commerce Act and other applicable regulations shall apply.
III/ PRIOR INFORMATION
In accordance with the Consumer Protection Act, the Seller undertakes to provide the Buyer-consumer/natural person within the meaning of the provisions of the Consumer Protection Act, before concluding the sales contract for the Product, or before the Buyer becomes bound by an offer, with the following information about:
The Seller: (a) the name and registered office of the Seller; (b) contact information enabling quick and efficient communication (email, telephone); as well as (c) the address to which the Buyer may address complaints.
The sales contract: (a) the conditions, deadlines and procedure for exercising the right of unilateral contract termination, as well as the form for unilateral contract termination; (b) the fact that the Buyer must bear the cost of returning the Product if the Buyer exercises the right of unilateral termination of the contract, or the costs of returning the Product in cases where the Product cannot be returned by post in the usual way due to its nature; (c) the circumstances under which the Buyer loses the right of unilateral contract termination; (d) the duration of the contract; (e) the minimum period during which the Buyer is bound by the contract, if applicable; (f) deposits or other financial guarantees that the Buyer must pay or provide at the request of the Seller, as well as the payment conditions of such deposit or other financial security; (g) the different stages of concluding the contract; (h) the contractual provisions of the contract.
The Product: (a) the total retail price including all costs, and if it cannot be calculated in advance, information about the method of calculating the price; (b) the basic characteristics of the Product; (c) payment conditions, delivery conditions of the Product, delivery time of the Product and, if applicable, the procedure for handling consumer complaints by the Seller; (d) the existence of liability for material defects; (e) services or assistance offered to the Buyer after the sale and the conditions for using such services or assistance if provided by the Seller; as well as (f) any warranties issued with the Product or assistance offered to the Buyer after the sale and the conditions for using such assistance if provided by the Seller.
Mechanisms for out-of-court dispute resolution and the way to use them.
By accepting these General Terms, the Buyer agrees that the prior information may be delivered electronically to the email address provided during registration and/or submission of the order.
The prior information must be composed in the Croatian language, which does not exclude the possibility of using other languages simultaneously.
Other information is available upon request by the User, who will also be informed about the nature of such information.
IV/ PRODUCT OFFER
The offer of Products is displayed on the Seller’s Website. Only Products that are indicated as available and in stock may be ordered.
Product images on the Website are symbolic in nature and there may be differences between them and the actual Product (including but not limited to dimensions and color shades), which do not affect the specification of the Product itself and the Seller is not responsible for such deviations. The Buyer has no right to file a complaint on this basis.
Product information (product description, price, etc.) displayed on the Website may be subject to bugs, application malfunctions, other technical irregularities, typographical errors and similar issues. In the event of obvious errors and/or incorrect information regarding Products displayed on the Website, the Seller reserves the right to unilaterally terminate the sales contract.
V/ CONCLUSION OF THE SALES CONTRACT
The sales contract between the Seller and the Buyer is concluded at the moment when the Buyer submits the order, i.e. by clicking the “Submit Order / Order with Obligation to Pay” button. From that moment, prices and other purchase conditions are fixed and binding for both parties unless otherwise stated in these General Terms.
VI/ INSTRUCTIONS FOR PURCHASE THROUGH THE ONLINE STORE
The purchase of Products may be made by a registered or non-registered User. In case of registration, the User confirms the accuracy and completeness of the personal data provided in the online form and confirms that they are fully familiar with and accept these General Terms. If the User orders a Product without prior registration, before placing the order the User confirms by clicking the appropriate field that they are fully familiar with and accept these General Terms.
Ordering Products through the Online store is carried out in the Croatian language on the Seller’s Website 24 hours a day and 7 days a week (except in cases of regular Website maintenance when it may not be available).
The instructions for purchasing are as follows:
- Before submitting the order, the Buyer has the opportunity to review the entire content of the order and correct any potential errors. On the Website, the Seller will clearly and legibly state, no later than the beginning of the ordering process, whether any delivery restrictions apply and which payment methods are accepted.
- By submitting the order, the Buyer explicitly confirms their obligation to pay. The Buyer submits the order by clicking the “Submit Order / Order with Obligation to Pay” button, at which moment the sales contract for the Product between the Seller and the Buyer is considered concluded. If a specific Product is not available at the moment of ordering, it cannot be ordered. The Seller will promptly confirm receipt of the order electronically via a separate email message.
- After receiving the order in the information system, the Seller reviews the order and no later than 5 days from the receipt of the order informs the Buyer by email about the expected delivery time and other information related to the delivery of the Product. The Seller may call the Buyer on their contact phone number to verify the information or ensure the accuracy of the delivery. If the delivery time is very long and the Buyer does not wish to wait, the Buyer may inform the Seller in writing within 3 days of receiving the email about the expected delivery time, in which case the Seller will remove the Product from the order and return any paid funds to the Buyer, and deliver the remaining Products or cancel the order entirely according to the Buyer’s choice.
- Within the agreed deadline, the Seller prepares and ships the Product or prepares it for personal pickup and informs the Buyer via email. The Seller also informs the Buyer via email about the withdrawal policy, whom to contact in case of delivery delays and whom to contact in case of complaints.
The procedure for purchasing Products through the Online store for legal entities is the same as for natural persons – consumers, except that the legal entity during registration or ordering selects the option “I am a legal entity” and enters the VAT identification number of the company.
For legal entities and sole traders, all provisions of these General Terms apply except:
• the right of unilateral termination of the sales contract;
• regulation of consumer rights regarding material defects;
• regulation of the procedure for out-of-court consumer dispute resolution;
• unless otherwise specified in these General Terms;
• in the case of a contract concluded with a specific legal entity, in which case the provisions of that contract apply.
For the above issues regarding legal entities, the provisions of the Civil Obligations Act and other applicable regulations or the contract concluded with the specific legal entity shall apply.
VII/ PRODUCT PRICES
Product prices are retail prices expressed in euros.
All prices include VAT unless explicitly stated otherwise.
Wholesale Buyers (Buyers registered for resale) are shown wholesale prices (discounted prices excluding VAT).
Delivery costs are not included in the Product prices except in the case of orders above a certain amount under the conditions specified in these General Terms.
Before confirming the order, the price of the Product, delivery costs (if any), VAT amount and total price are displayed separately so the Buyer has insight into the final price paid for the purchase service. In the case of payment via e-banking or payment slip, payment and/or interbank transaction costs are not included in the price.
The Seller is authorized to change Product prices. The Seller is also authorized at any time to determine discounts, daily or weekly sales promotions, promotional sales for individual Products, groups of Products and/or all Products.
VIII/ PAYMENT
The following payment methods are available when purchasing in the Online store:
for natural persons:
- Payment by bank transfer (general payment slip)
- Online payment via the CorvusPay payment system
- KeksPay
for legal entities and sole traders:
- Payment by bank transfer (general payment slip)
For credit card payments, payment is made immediately after order confirmation and before the delivery of the ordered Product.
IMPORTANT: Every card transaction (debit and credit cards) is subject to verification by the Seller, lasting from one to three business days.
The Buyer agrees that, if the Seller at its own discretion suspects any kind of misuse of any payment method, the Seller may and is explicitly authorized to suspend any such transaction without notice or prior announcement and may forward all relevant data to the competent authorities for the criminal prosecution of potential perpetrators.
IX/ PURCHASE CONFIRMATION
If the Buyer purchases a Product through the Online store, the Seller will send the Buyer a written confirmation of the completed transaction. The confirmation must be issued on paper or on a durable medium such as an email message or a message in the personal account on the Seller’s Website, provided that it is in a form that the Buyer can store and that the Seller cannot change without the Buyer’s consent.
X/ COLLECTION AND DELIVERY OF PRODUCTS
The Seller offers delivery of Products within the territory of the Republic of Croatia.
The Seller reserves the right to select the contracted courier service or postal service at its own discretion. The risk of damage to the Product or its loss passes to the Buyer at the moment the shipment is delivered to the Buyer.
The delivery period for the Product is 14 business days from the day the order is received in accordance with the deadlines and methods specified in these General Terms.
The above delivery deadlines do not apply to islands and places that do not support daily delivery or to international deliveries.
In the event that delivery of the ordered Product is not possible or the delivery deadline is postponed, the Seller will inform the Buyer as soon as possible by email or telephone about the problem and agree on a new delivery deadline or refund the paid amount in full. Each shipment is verified by the Buyer and the Buyer signs confirmation of receipt of the shipment. By signing the receipt, it is considered that the shipment has been delivered in undamaged condition and the Seller is released from any subsequent liability.
XI/ DELIVERY COSTS
The Buyer will be informed of the delivery cost when ordering each individual Product, or of the total delivery costs in the case of ordering multiple Products.
In the event that delivery cannot be properly carried out to the address specified by the Buyer, the Buyer shall bear the cost of re-delivery to the same or another address depending on the information the Buyer provides to the Seller during the delivery verification of the order.
The Seller does not have any additional costs of remote communication means.
XII/ INVOICE
After the delivery of the ordered Products, the Seller sends the invoice to the Buyer in PDF format to the Buyer’s email address. By accepting these General Terms, the Buyer gives explicit consent to receive the invoice in electronic form. In the case of personal pickup, the Buyer is handed the original invoice for the purchased Product at the time of pickup.
The Buyer has the right to submit a complaint regarding the invoice via email to the Seller at info@blueframe.agency. The Seller is obliged to respond to the Buyer’s complaint in written form via email within 15 days from the day of receiving it.
The Seller keeps an electronic copy of the invoice in its database for the period prescribed by applicable regulations.
XIII/ BUYER’S RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT
Since the products are produced specifically by pre-order for each buyer and it is a unique contract, the buyer does not have the right to exchange, except if the Seller mistakenly delivered the wrong item or wrong size.
In the event of termination of the contract, the Buyer must without delay, and no later than 14 days from the day they informed the Seller of the termination, return the Product to the Seller in the original packaging, undamaged and in unchanged quantity, unless the Product has been destroyed, damaged, lost or its quantity reduced without the Buyer being responsible for it. The Product is considered returned on time if it is sent or handed over before the expiry of the 14-day period.
The Buyer must not use the Product from the moment of sending the Notice of termination of the contract. The Buyer is responsible for any reduction in the value of the Product if the reduction is the result of behavior that is not strictly necessary to determine the nature, characteristics and functioning of the Product. The Buyer bears the cost of the reduction in value of the Product if the Product is:
– unpacked;
– damaged;
– used;
– documentation, parts or similar are missing.
The Buyer does not have the right to unilateral termination of the contract and return of the Product:
• if the Buyer does not deliver written notice of the decision to terminate the contract;
• if the Buyer does not deliver written notice of the decision to terminate the contract within 14 days from the day of receiving the Product;
• if the Buyer does not return the Product within 14 days from the day they informed the Seller of the decision to terminate the contract;
• for a Product made according to the Buyer’s precise instructions and adapted to their personal needs;
• if the Buyer specifically requested a visit from the Seller to carry out urgent repairs or maintenance, except if during such visit the Seller delivers additional Products not necessary for the repair or maintenance;
• for Products that due to their nature are not suitable for return, are easily perishable or have expired;
• for software, audio and video media if the Buyer has opened the security seal;
• for Products which by their nature are inseparably mixed with other items;
• if the subject of the contract is the delivery of digital content not supplied on a tangible medium and the performance has begun with the Buyer’s prior consent and acknowledgment that they thereby lose the right of termination.
If the right of unilateral termination is justified, the refund paid to the Buyer, including delivery costs, will be made as soon as possible and no later than 14 days from receiving the notice of termination. The Seller returns the payments using the same payment method used by the Buyer.
The Seller has the right to withhold the refund until the returned Product is received or until proof is provided that the Buyer has sent the Product back to the Seller.
All information about product and money returns can be obtained by the Buyer at the phone number +385 91 578 5734.
To avoid any doubt, the Seller emphasizes that Buyers who are legal entities do not have the right to unilateral termination of the sales contract as Buyers who are natural persons do.
XIV/ WARRANTY
For Products offered by the Seller advertised on the Website for which it is stated that a warranty exists for the functionality of the purchased Product, the warranty conditions contained in the warranty certificate of the specific Product apply. The Buyer receives the stamped warranty certificate together with the purchased Product for the duration indicated in the warranty certificate.
When the Buyer exercises rights under the warranty, which must be in accordance with the warranty certificate, the complaint may be submitted to the Seller at the email address or address of the Seller’s registered office indicated in these General Terms.
The return of the Product is carried out in accordance with the conditions specified in the warranty
XV/ COMPLAINT
The Seller guarantees the right of return in the following cases:
- A correct Product based on the Buyer’s right to unilateral termination of the contract;
- A defective Product based on liability for material defects, or the warranty for the correctness of the sold Product (manufacturer’s warranty), if applicable.
Regarding material defects, the Seller is obliged to deliver the Product to the Buyer in accordance with the sales contract and is responsible for material defects that the Product had at the time the risk passed to the Buyer, regardless of whether the Seller was aware of them. The Seller is also responsible for those material defects that appear after the transfer of risk to the Buyer if they are the result of a cause that existed before that moment. It is presumed that a defect which appears within six months from the transfer of risk existed at the time of the transfer of risk unless the Seller proves otherwise or unless the contrary follows from the nature of the item or the nature of the defect. The Seller is not responsible for defects if they were known to the Buyer at the time of concluding the contract or could not have remained unknown to the Buyer.
The Buyer is obliged to inform the Seller about visible defects with a detailed description within two months from the day the defect was discovered, and no later than within two years from the transfer of risk to the Buyer, and must allow the inspection of the Product. In the case of a hidden defect, the Buyer must notify the Seller within two months from the day the defect was discovered, otherwise the Buyer loses that right. In any case, the Seller is not responsible for defects that appear after two years from the delivery of the Product.
The suitability of the Product for normal use is checked by comparing it with another correct Product of the same type, along with the statements of the manufacturer or Seller, especially in advertising and product presentation, or statements on the Product itself.
When submitting a complaint regarding a Product, the following must be provided:
• Product invoice;
• Photographs of the entire damaged Product;
• Photographs of the details of the damage (from multiple angles);
• Photographs of the Product serial number (if applicable).
The Buyer may send a written complaint or claim by email to info@blueframe.agency or by mail to the address Bernarda Bernardija 8, Zagreb with the note “Complaint” and stating the order number, invoice number or their user account name.
The Buyer has the right to a justified complaint and return of goods in the following cases:
• delivery of goods that were not ordered;
• delivery of goods that have expired;
• delivery of goods that contain defects or damage that did not occur during transport.
The Buyer who has duly and timely informed the Seller of a defect has the right to request that the Seller:
• eliminate the defect on the Product or
• return part of the paid amount proportional to the defect or
• replace the defective Product with a new Product or
• declare termination of the contract, unless the defect is insignificant.
If a defect exists, the Buyer must return the Product to the Seller within 7 days from the day the notice of the defect was sent. In any case, the Buyer has the right to request compensation from the Seller for damages, especially reimbursement of costs of removing the defect and delivering another Product.
If the Buyer’s claim regarding the existence of a defect is justified, the Seller will replace the disputed Product no later than within the same period in which it was originally delivered. If the replacement of the Product is objectively no longer possible, the Buyer may be granted a price reduction in accordance with the reduced value caused by the defect.
If the Buyer’s claim regarding the defect is unfounded, the Seller must respond to the request in writing within 8 days.
The rights of the Buyer who has duly informed the Seller about the defect expire after two years from the day the notification was sent to the Seller.
XVI/ EXCLUSION OF SELLER’S LIABILITY IN CASE OF COMPLAINT AND WARRANTY
Regardless of the justification of the complained Product, the Seller will not recognize responsibility for a material defect nor accept the manufacturer’s warranty if:
• the Buyer does not deliver written notice of the defect in a timely manner;
• the Buyer does not return the defective Product in a timely manner;
• the Buyer does not return the Product in full, with all components and/or spare parts, consumables, as well as accompanying documentation (instructions for use, diagrams, etc.).
Furthermore, the Seller will not recognize responsibility for a material defect of the Product nor accept the manufacturer’s warranty if:
• the returned Product does not include the corresponding invoice, either the original or a copy, and the warranty certificate if one was issued;
• the date on the invoice or warranty certificate clearly indicates that all warranty periods and obligations of the Seller have expired;
• the serial number of the returned Product does not match the issued invoice or warranty certificate;
• it is determined after inspection that the defect is a consequence of:
– failure of the Buyer to follow the manufacturer’s instructions for installation, handling and maintenance of the Product,
– careless, negligent or unprofessional handling,
– unauthorized interventions and modifications,
– unauthorized disassembly of the Product and returning it to the Seller in parts,
– use of non-original accessories and/or consumables or non-original spare parts,
– mechanical damage caused by the Buyer or third parties, animals or other objects,
– damage caused by excessively low or high voltage,
– damage caused by weather conditions,
– damage caused by force majeure.
The Seller will not accept a shipment with a complained Product and will refuse to receive it, and will not assume responsibility for any costs or damages arising from it:
• if the Buyer did not previously and timely deliver written notice of the defect and announce the return of the Product;
• if the Buyer sends goods purchased through authorized distributors and/or other legal entities to whom the Seller is a supplier but who sell goods in their own name and for their own account, as well as through commission partners, which implies return to that point of sale;
• if the packaging of the shipment is damaged to the extent that the packaged contents are questionable.
XVII/ PROTECTION AND SECURITY
The Seller uses appropriate technological and organizational measures to protect the transmission and storage of personal data and payments through the Online store.
The Seller undertakes to take all reasonable security measures to ensure the protection of all payment data of the Buyer’s order. The Seller is not responsible for possible data theft except in cases prescribed by law.
The Seller receives data related to the Buyer’s order. If the Buyer does not provide the required data, it may affect the proper execution of the order. If payment is not executed due to credit card misuse, it will be documented. The Seller will report any suspicious or unusual use of credit cards to the competent authorities.
XVIII/ PRIVACY POLICY AND COOKIES
The Seller’s Privacy Policy and Cookie Policy are available on the website www.blueframe.agency.
The User is responsible for protecting personal data by securing their email address, username and password as well as appropriate software (antivirus) protection of their computer.
XIX/ DISPUTE RESOLUTION
The Buyer may submit a written complaint to the email address info@blueframe.agency or by post to the registered office address Bernarda Bernardija 8 Zagreb with the note “Confidential”. The complaint resolution procedure is confidential.
The Seller will respond to all complaints no later than 15 days from the day the complaint is received.
In case of a complaint, the address to which it is sent and other conditions are defined by these General Terms or the warranty certificate.
If the Seller does not accept the Buyer’s complaint, the Seller must inform the Buyer of the reasons for rejecting the complaint and advise the Buyer on further dispute resolution options as follows.
If the Buyer is a natural person and is not satisfied with the Seller’s decision regarding the complaint, they may:
• visit the European platform for online consumer dispute resolution at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL;
• use other legal remedies prescribed by law.
If the Buyer is a legal entity and is not satisfied with the Seller’s decision regarding the complaint, they may:
• file a lawsuit before the competent court.
The Seller may also file a lawsuit against the Buyer in the place where the Buyer has their registered company headquarters or residence.
Fivito grupa d.o.o., 01.10.2024.