Terms of Business

This is an English translation of the Croatian original. If the two versions differ, the Croatian version applies.

General provisions

The purpose of these General Terms is to regulate the relationship between the Buyer and the Seller regarding the terms and method of ordering products, product prices, terms and methods of payment, warranty conditions for the proper functioning of the goods sold (so-called guarantees), the Buyer’s right to make a written complaint about the Seller’s products and services, the right to withdraw from the contract, delivery of products and other services offered by the Seller, protection of personal and other data, and other matters relevant to concluding a sales contract through the online shop.

The Seller is the owner of the online shop www.masaza-gbb.com (hereinafter the Masaza-gbb web shop), namely Nikki 9 j.d.o.o.

The Buyer of goods is a visitor to the online shop www.masaza-gbb.com who selects at least one product, places it in the basket, fills in the electronic order form and sends the order to the Seller.

Only persons who are of age and have full legal capacity may be Buyers. Contracts in the name and on behalf of minors and persons with no legal capacity may be concluded by their legal representatives or guardians. Persons with partial legal capacity may conclude a contract only with the consent of their legal representative or guardian. The Seller bears no responsibility for any action contrary to this provision.

The General Terms of Business of the online shop www.masaza-gbb.com have been drawn up in accordance with the Consumer Protection Act, the Civil Obligations Act, the Personal Data Protection Act and the Electronic Commerce Act. As users, please read these General Terms of Business (hereinafter the General Terms) of the online shop www.masaza-gbb.com carefully.

By accepting the General Terms, you declare that you are familiar with these General Terms, that you have understood them, and that you agree with and accept the rules and conditions set out in them. If you do not agree with these General Terms, please contact us and do not use these pages in the meantime.

The user agrees to use the web shop solely in accordance with the applicable regulations, to view published content, to buy available products by placing legally valid orders and to communicate with the seller.

The Seller reserves the right to amend or supplement the General Terms of Business at any time. Changes take effect on the day they are published on the website. Continued access to the website or use of any part of its content shall be deemed consent to the amended or supplemented General Terms of Business.

Masaza-gbb is not responsible for the costs of using the computer equipment and telecommunications services needed to access the service. The web shop service may be used only on the territory of the Republic of Croatia. It bears no responsibility for any action contrary to these provisions.

TERMS OF PURCHASE

These terms of purchase define the procedure for:

Ordering,
Payment,
Delivery,
Returns and complaints.

A Buyer may use the online shop as a guest user or as a registered user.

Buying as a guest user lets the buyer buy all available products; the data entered is used only for the current purchase and is not stored in the online shop’s customer database.

Buying as a registered user gives the buyer additional options such as:

A faster ordering and checkout process
An overview of past orders
Changing user account details
Saving additional delivery addresses

Prices

Through the online shop www.masaza-gbb.com, the buyer can buy part of the range of products found on the Seller’s website.

All prices are expressed in the Croatian national currency, the Croatian kuna (kn). Pursuant to Article 90(1) and (2) and Article 186 of the VAT Act, the prices are exempt from VAT.

The displayed product prices include the cost of transport, delivery or postal services. All payments are made in the Croatian national currency, the Croatian kuna (kn).

Retail prices apply to payment by the methods and under the conditions set out below. The displayed retail prices apply at the moment the order is received. Special offers apply only at the moment of ordering and may change without prior notice.

Images

All advertisements, photographs and information about the products being sold are the property of the Seller, who is solely responsible for the content of the advertisements, including responsibility for the truthfulness and accuracy of the information and for the obligations arising from the content of the advertisements.

Product images and descriptions are not necessarily identical to the product. The Seller reserves the right to errors in product descriptions and images.

The Seller undertakes to try, to the greatest extent possible, to keep the information on the website up to date and accurate, especially with regard to the prices of the products offered. The Seller is not responsible for any errors in product descriptions or images, or for errors arising from price changes and website updates.

In the event of such an error, and in particular if the price displayed on the website does not, for any reason, correspond to the actual price of the product, the Seller will inform the Buyer without delay and allow the Buyer to cancel or change the order.

Ordering

Goods can be ordered 24 hours a day, 7 days a week.

Goods are ordered using an electronic form. After the order has been completed and sent, the buyer will receive an automatically generated e-mail from the Masaza-gbb web shop system confirming that the order has been received.

The Buyer will receive a notice confirming the order by e-mail after product availability has been checked.

If the Seller is unable to deliver all the ordered products, it will inform the Buyer by e-mail in good time and tell the Buyer about other options. If the Buyer does not agree to the proposed changes or delays, the Buyer may cancel the entire order. The Buyer may cancel the order until it is dispatched; after that, the buyer is obliged to accept the shipment.

Payment

In the Masaza-gbb webshop, the following payment methods are available:

Payment to the seller’s bank account
Direct payment to the Seller’s bank account is possible via Internet banking, or with a payment slip or transfer order at a bank, post office or FINA. When choosing this payment method, the buyer will receive all the details needed for payment by e-mail.

Delivery/collection of goods

If the Buyer chooses delivery of the products by the Seller, the purchased product is delivered to the delivery address given when placing the order.

The price of delivery is not included in the price of the product. Delivery is FREE for all orders above HRK 150.00. For all orders below HRK 150.00, delivery is charged at HRK 30.00.

If the Seller is unable to complete the delivery because neither the Buyer nor another person authorised by the Buyer to accept the products is at the delivery address, despite an earlier telephone arrangement about the delivery time, the costs of the failed delivery are borne by the Buyer. In that case, the Buyer and the Seller will agree on a new delivery time.

The Seller reserves the right to change the agreed delivery time due to aggravating circumstances arising after the conclusion of the Contract and, in agreement with the Buyer, to propose a new delivery time.

When delivering the ordered product, the courier will ask the Buyer to sign a receipt confirming that the goods have been received and stating the date of receipt.

The delivery time for goods available in the online shop is 5 to 7 working days, except for products for which the buyer has been informed of a different delivery time.

The delivery period begins once payment has been received in the bank account.

Saturdays, Sundays, public holidays and non-working days are not counted in the delivery period.

If the buyer refuses to accept correct and undamaged goods that they ordered, the Seller has the right to withhold the direct delivery costs from the purchase price paid.

Liability for material defects of products

The Seller is liable for material defects of the goods it sells on its website in accordance with the applicable regulations, in particular the Civil Obligations Act of the Republic of Croatia and the Consumer Protection Act.

Product exchange / complaints / returns

The Buyer has the right to return goods in the following cases: delivery of goods that were not ordered, delivery of goods with a fault or damage not caused in transport, and other cases in accordance with the law.

Rights under a reported complaint are exercised in accordance with the Consumer Protection Act. The Masaza-gbb web shop undertakes to replace the product complained about with the same product or a product with similar characteristics in the same price and quality class within a reasonable time of receiving the request. If these obligations cannot be fulfilled, the Seller will refund the Buyer the value of the product complained about. The Buyer must deliver the product complained about in its undamaged original packaging, with all the parts supplied. Products with visible damage, products that the Buyer has tried to repair or modify, products damaged by improper connection, inappropriate use or an electric shock, and products without their original packaging cannot be exchanged.

Before sending a product for a complaint, the Buyer must first contact the Seller by phone, post or e-mail to start the complaint process.

For products found to have been sent in working order and with no grounds for a complaint, the shipping costs will be charged to the Buyer. The costs of sending the product for a complaint or return are borne entirely by the Buyer. Parcels sent at the Seller’s expense will not be accepted.

Right to withdraw from the contract under Section IV, Article 72 of the Consumer Protection Act:

The Buyer has the right, without giving any reason, to unilaterally withdraw from a distance contract within 14 days. This period begins on the day on which the goods that are the subject of the contract come into the possession of the buyer or a third party designated by the buyer, other than the carrier.

If the buyer has ordered several items in one order that are to be delivered separately, or if the goods are delivered in several pieces or several shipments, the period begins on the day on which the last item or last shipment comes into the possession of the buyer or a third party designated by the buyer, other than the carrier.

If the Seller does not inform the Buyer of the Buyer’s right to unilaterally withdraw from the contract, this right expires 12 months after the end of the withdrawal period (the 12-month period begins after the end of the 14-day period provided for regular withdrawal when the buyer has been properly informed). If, however, the notice of the right to unilateral withdrawal is delivered within those 12 months, the right to unilateral withdrawal expires 14 days after the day on which the Buyer receives that notice.

Before the withdrawal period expires, the Buyer must inform the seller of the decision to withdraw from the contract, using the Unilateral Withdrawal Form

or any other unequivocal statement expressing the wish to withdraw from the contract, sent by e-mail to the Seller’s address: gbb.concept@gmail.com

The Seller undertakes to send the consumer, without delay, a Confirmation of receipt of the withdrawal statement by e-mail to the address the Buyer gives in the Form or in the Withdrawal Statement.

The buyer must send the withdrawal statement before the withdrawal period expires. The buyer must return the goods without delay and no later than 14 days from the day on which they informed the seller of the decision to withdraw from the contract. The buyer bears the direct costs of returning the goods.

The Seller undertakes to refund the buyer the full amount paid within fourteen (14) days of receiving the written notice of withdrawal. The Seller is not obliged to make the refund before the goods delivered to the buyer have been returned. The Seller undertakes to make the refund using the same means of payment that the buyer used, unless the buyer expressly agrees to another means of payment, and provided that the buyer does not incur any additional costs as a result of such a refund.

In accordance with Article 77(5) of the Consumer Protection Act, the buyer is liable for any diminished value of the purchased product resulting from handling it other than what was necessary to establish the nature, characteristics and functioning of the goods.

If the order is cancelled before the products have left the Seller’s warehouse, the buyer has the right to a refund of the total amount paid for the products and the other services chosen.

Exclusion of the right to withdraw from the contract

The Buyer has no right of withdrawal in the cases set out in Article 79 of the Consumer Protection Act, in particular if:

the seller has fully performed a service contract, and performance began with the consumer’s express prior consent and acknowledgement that they will lose the right of withdrawal once the service has been fully performed
the subject of the contract is goods or services whose price depends on fluctuations in the financial market which are beyond the seller’s control and which may occur during the withdrawal period
the subject of the contract is goods made to the consumer’s specifications or clearly personalised
the subject of the contract is goods which, after delivery, are by their nature inseparably mixed with other items.

Complaints and disputes

In accordance with Article 10(3) of the Consumer Protection Act (Official Gazette 41/14), the Buyer may submit dissatisfaction with a purchased product or a service provided in writing by post, fax or e-mail. The Seller will reply to the complaint in writing no later than 15 days from the day the complaint is received. In the case of unresolved complaints, consumers may turn to the Court of Honour of the Croatian Chamber of Economy or the Court of Honour of the Croatian Chamber of Trades and Crafts, or submit a mediation proposal to the Mediation Centre. The Seller and the Buyer will try to resolve any disputes by agreement and amicably; otherwise the court in Split has jurisdiction.

Under Regulation (EU) No 524/2013 of the European Parliament and of the Council, traders that enter into online sales contracts are obliged to provide on their websites an electronic link to the online dispute resolution platform. The buyer can access the online consumer dispute resolution platform through this link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR

Use of the buyer’s personal data

The Seller will use the Buyer’s personal data (name, surname, physical address, e-mail address and phone number), to the use of which the Buyer consented when making the purchase, in order to provide you with the best possible service. The Seller will share the Buyer’s data with delivery services to ensure that the ordered products reach the Buyer without delay.

Read more about data confidentiality on the Data Confidentiality Statement page.

Collection and processing of personal data

By registering on the website www.masaza-gbb.com, the buyer gives personal consent to the collection, use, processing and transfer of their personal data needed to use the website, including (but not limited to):

consent for the Seller, in accordance with the provisions of the Personal Data Protection Act, to process the personal data provided for its own records and statistics, for building a customer database, for informing about products and services, for informing about delivery, for sending promotional materials, and for improving customer relations and services. The Seller may give this data to third parties for the purpose of performing the service, protecting the interests of users and the Seller, and preventing possible misuse
the need for the best possible insight into and understanding of users’ individual needs and requests, and for developing ways to provide all of the Seller’s services at higher quality, resulting in greater user satisfaction
consent for the Seller to contact them in writing, by phone, SMS and/or e-mail, and to send materials to their home address informing them of benefits and novelties in its offer
the provision of data to third parties as needed for the purposes stated above

The Seller undertakes to keep the personal data of all users/buyers private and to handle it in accordance with the Personal Data Protection Act and other applicable regulations of the Republic of Croatia. The Seller may not use any of the above personal data without authorisation or make it available to third parties, except where a special law permits it or where it is necessary to perform contractual obligations. All of the Seller’s employees and business partners are responsible for respecting the principles of privacy protection.

If a user/buyer no longer wants the Seller to process their data in any way and requests that their data be deleted, they must inform the Seller by e-mail at: gbb.concept@gmail.com

“Cookies”

The Seller’s website uses cookies so that the online shop can recognise and remember the user and thus enable purchases to be made.

Cookies are text files placed on the user’s computer by the web server the user is using. They are created when the browser on the user’s computer loads a visited website, which then sends data to the browser and creates a text file. The browser retrieves the file and sends it to the website’s server when the user returns to it. Cookies can be temporary (stored only during the visit to the website) or permanent (they remain stored on the user’s computer after the visit).

The Seller’s website also uses third-party cookies to obtain statistics on visits and on how the website is used. The data collected includes the user’s IP address, browser details, language, operating system and other standard data that is collected and analysed only in anonymous and aggregate form.

Most browsers accept cookies automatically. The user can prevent this by blocking cookies in the browser settings. As the purpose of cookies is to enable the use of the website and its processes and improve its services, the user should bear in mind that blocking or deleting cookies may disable or change how these features work.

Delivery

The price of delivery is included in the price of the product. We deliver ordered goods through the delivery service Hrvatska pošta (Croatian Post).

When the goods are ready for delivery, the Seller sends the Buyer by e-mail a Notice that the goods are ready for delivery, stating the expected delivery day. Together with the confirmation that the goods are ready for delivery, the Buyer will receive the General Terms of Business of the online shop and the Notice of the right to unilateral withdrawal from the contract, of which the Unilateral Withdrawal Form is an integral part; by accepting these Terms, the Buyer expressly agrees that the General Terms of Business and the Notice of the right to unilateral withdrawal, of which the Unilateral Withdrawal Form is an integral part, are delivered in this way, i.e. by e-mail.

After the order has been confirmed, the Seller will deliver the ordered goods to the Buyer through the delivery service of Hrvatska pošta. The price of delivery is included in the price of the product. Delivery will be made to the buyer’s address on working days only. If the Buyer is not present or does not accept the delivery on the agreed day, the Seller will not deliver the goods on the planned day, and delivery will be arranged for another day.

The delivery time for goods available in the online shop is 5 to 7 working days, except for products for which the buyer has been informed of a different delivery time. The delivery period begins once payment has been received in the bank account. Saturdays, Sundays, public holidays and non-working days are not counted in the delivery period. If the buyer refuses to accept correct and undamaged goods that they ordered, the Seller has the right to withhold the direct delivery costs from the purchase price paid.

By purchasing products, the Buyer accepts these terms of business.