General terms and Conditions

 

Application
1.1. Any transaction between the buyer and the seller is concluded exclusively on the basis of these General Terms and Conditions. Other terms of business are expressly agreed in writing between OPG Brne and the buyer. The General Terms and Conditions apply to the entire business relationship that exists between the seller and the buyer, and each time you use the website, the buyer confirms that they are familiar with and agrees with them.

 

OPG Brne
Address: Splitska 33, 22202, PrimoŇ°ten
Email: brne.opg@gmail.com

 

1.2. In the light of these provisions, a consumer is any natural person who enters into a legal transaction for a purpose which is not and cannot be attributed to a commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable company of persons who, at the time of concluding a contract, acts within the scope of performing their commercial or independent business activity.

 

Offer and order products
Presenting the product through our online store is not a legally binding offer, but it is just an invitation to the customer to make an offer themselves.

 

The purchase process
4.1. The buyer can without obligation choose products from the seller’s range and collect them via the “Add to cart” button in the so-called basket.
4.2. The customer can complete the order process via the “Complete purchase” button inside the cart.
4.3. By checking the “Buy” button, the customer undertakes to purchase the product in the cart. Before sending the order, the customer can change and review the data at any time. Required fields are marked with an asterisk (*).
4.4. The seller then sends the buyer an automatic order confirmation by e-mail stating all the details of the purchase, which the buyer can print out. Automatic order confirmation confirms that the seller has received the order, but does not constitute a sales contract. The sales contract is considered concluded once the seller sends and delivers the ordered product to the buyer within 4 days, or when the seller confirms the shipment of the product to the buyer via an additional e-mail, sales contract or invoice, within 4 days.
4.5. If the buyer pays according to the proforma invoice, the purchase agreement shall contain information about the bank and the request for payment. If the buyer does not make the payment within 10 days from the confirmation of the order, the sales contract is considered null and void and the seller is not obliged to deliver the product. In this case, the order is canceled without further consequences for the seller and the buyer. By paying by proforma invoice, the product can be considered reserved for a maximum of 10 days.

 

Prices and shipping costs
The price stated by the supplier in HRK represents the gross value of the product and includes the statutory value added tax. The price shown in the order includes the actual shipping costs. Shipping costs are shown in actual or lump sum. VAT rates may vary depending on the product category.

 

Terms of payment
6.1. The product is due for payment upon conclusion of the sales contract (order). Payment is considered timely if the amount is transferred by the due date. When ordering, the customer can choose between two available payment methods: proforma invoice / bank transfer and cash on delivery.
6.2. If the customer chooses a bank transfer as the method of payment, the transfer order must be submitted within one week of receiving the order confirmation. The buyer is responsible for late payment to the seller’s account, unless the bank is responsible for the delay. Delivery takes place upon receipt of payment.
6.3. The invoice is sent exclusively by e-mail. When buying through an online store, the invoice is delivered with an order confirmation.
6.4. In the case of bank transfer from countries that are not part of the single payment system of the European Economic Area (SEPA), the buyer bears the cost of additional transfer fees.
6.5. Payment by cash on delivery is made exclusively in cash, to the deliverer upon delivery to the specified address. In the event that the recipient is unable to receive the shipment at the defined delivery address at the time of delivery, the courier leaves a notice of arrival of the shipment.
6.6. In the event that the buyer buys the product as part of their business, the seller reserves the right to allow the buyer under certain conditions to pay upon receipt of the product. In this case, the payment to the seller’s account must be made no later than the due date.
6.7. The right to compensation is not recognized, except in the case of a legally justified counterclaim or with the written consent of the seller.
6.8. In some countries, exchange rate differences may occur if the payment is made in another currency. In such cases, the seller calculates the price according to the exchange rate of the European Central Bank on the day of payment.

 

Delay in payment
7.1. In case of late payment, the seller has the right to charge legal default interest at a rate of 4% above the basic. If the buyer operates as part of his business, default interest is 9.2% above the base rate.
7.2. In addition to charging legal interest, the seller is also entitled to compensation for damages caused by the fault of the buyer, especially the necessary costs incurred due to the appropriate out-of-court collection of receivables, provided that the costs are proportional to the receivables.
7.3. In case of late payment, our company is entitled to charge compound interest from the date of delivery of the product. Unless otherwise agreed, that interest is 4% per annum.

 

Delivery
Delivery is made without delay, ie no later than 30 days after the order. If delivery is delayed for more than two weeks, both the buyer and the seller have the right to terminate the contract. Delivery shall occur once the buyer settles all contractual obligations. As a rule, this refers to the payment of the full amount of the invoice.

 

Product availability
10.1. In the event that the product ordered by the customer will not be permanently available, and the order button for that product has not yet been deactivated, the supplier will inform the customer in the order confirmation. In that case, the sales contract cannot be concluded. The seller returns the amount paid to the buyer without delay. Instead of a refund, the buyer can request another product of the same value from the seller.
10.2. If a particular product is temporarily unavailable, the seller will notify the buyer in the order confirmation. In this case, the customer does not have to terminate the contract, but when the product becomes available again, they have the right to priority in the delivery of the product, depending on the chronological order of all payments of other customers.

 

Risk transfer upon delivery of the product
11.1. In consumer transactions in which the product is sent to the customer, the risk of loss or damage passes to the customer only when the product is delivered to the customer or a third party authorized by the customer, other than the supplier.
11.2. However, in the event that the buyer chooses the supplier and does not use the delivery options offered by the seller, the risk passes to them the moment the courier takes over the product. Unless otherwise agreed, the customer acquires ownership of the product at the same time as the transfer of risk occurs.
11.3. In consumer transactions, the risk of product loss or damage passes to the customer upon delivery. When a product is delivered to a customer who purchases the product as part of their business, the risk is transferred to the customer with delivery to the selected service provider.

 

Responsibility
12.1. The seller bears unconditional responsibility for gross or intentional breach of contractual obligations. In transactions with customers who procure a product as part of their business, the customer shall bear the burden of proof in the event of minor or major negligence.
12.2. In case of minor negligence, the buyer is not entitled to claim damages. However, this does not apply to claims for compensation for personal injury, breach of contractual obligations which must necessarily be met in order to achieve the objectives of the contract and, in the case of consumer transactions, damage to products procured for further processing. This does not apply to customer claims.
12.3. If liability is not excluded or limited, this also applies to the personal liability of the employer, employee, representative and intermediary of the seller.

 

Retention of title
All contracts between the buyer and the seller are concluded with retention of title. The delivered product remains the property of the seller until the buyer fully settles the purchase price. If the customer receives the product despite non-payment, they bear the risk of depreciation or loss of the product until the invoice is settled.

 

Warranty and guarantee
Products displayed in the online store are subject to legal warranty. Furthermore, product descriptions in catalogs or in the online store do not carry an additional warranty or guarantee.

 

The consumer’s right to terminate the contract
15.1. A customer acting as a consumer may, within fourteen working days of receiving the goods, terminate a distance or off-premises contract without any reason.
15.2. The deadline for termination of the contract begins on the day when the buyer or a third party authorized by them, without being the supplier, comes into possession of the product. If the customer has ordered several products in one order that are delivered separately, the deadline begins on the day when the customer or a third party authorized by them, without being the supplier, comes into possession of the product that was last delivered. It is enough for the buyer to submit a request for termination of the contract within the deadline. The date of the postal item shall be considered as valid.
15.3. The request for termination of the contract can be sent by e-mail to brne.opg@gmail.com or by mail to the above postal address of the seller. The buyer can use the attached form of request for termination of the contract, but it is not mandatory.
15.4. The right to terminate the contract does not apply to products made to customer specifications or tailored to personal needs. It also does not apply to products delivered sealed, if the seal is removed after delivery. Lastly, it does not apply to perishable products or products of short shelf life.
15.5. Valid termination of the contract by the buyer results in the money paid for the product, including delivery costs for standard delivery, shall be returned to the buyer immediately and no later than fourteen days from the date of receipt of notice of termination. In case of termination of the sales contract, unless the seller offers otherwise, the refund of the purchase price may be delayed until the receipt of the goods or until the submission of proof of return of the product, whichever arrives earlier.
15.6. Refund to the buyer is made in the same way as the buyer paid the money, without accruing default interest. Furthermore, the seller shall not reimburse the additional costs of special delivery.
15.7. The buyer shall return the product to the seller without delay, no later than fourteen days from the date of submission of the request to terminate the contract. Return of goods is made by shipment. It is considered that the product is returned in time if it is proven that the shipment was sent within the specified period.
15.8. The buyer shall return the obtained product in the original packaging together with the accessories to the address OPG Brne, Splitska 33, 22202, PrimoŇ°ten
15.9. The consumer bears all direct costs of return.

 

Saving the contract text
16.1. The contract text of the order is stored by the seller. General Terms and Conditions can be accessed online. The user has the option to print the text of the contract before sending the order using the print function in their browser during the last step of the order.
16.2. After completing the order, the customer receives an order confirmation with all the details to their e-mail address. Furthermore, the seller sends a copy of the General Terms and Conditions to the buyer after the order has been placed.

 

Privacy
17.1. The customer’s personal data is processed for the purpose specified and in accordance with legal provisions.
17.2. Personal data provided by the buyer to the seller within the order are used for the purpose of implementing the sales contract. The seller accesses the data in a confidential manner and provides it only to third parties who are necessarily involved in the ordering, payment and delivery process.
17.3. The buyer has the right to obtain from the seller information on how their personal data is used, if requested. Furthermore, the customer may request the correction of inaccurate data, as well as blocking and deletion of those data for which there is no legal obligation to keep.
17.4. Additional information on the nature, scope, location and purpose of the collection, processing and use of personal data by the seller can be found in the Privacy Statement.

 

Change of customer address
The buyer is obliged to inform the seller about the change of residential or business address in the event that both parties have not fulfilled their contractual obligations. In the absence of such notice, all requests received at the last known address shall be deemed valid.

 

Copyright
Plans, sketches or other technical documents remain as samples; catalogs, brochures, illustrations and the like remain as the intellectual property of the seller; the buyer has no right to use or exploit them.

 

Right of return
Unless it is a consumer transaction, in case of a justified complaint – except in the event of termination – the buyer is not entitled to a refund of the full amount, but only to the appropriate part of the gross amount of the invoice.

 

Prohibition of further processing
Products purchased from the seller may be further processed only if this complies with all legal provisions.

 

Applicable law and language of the contract
The law of the Republic of Croatia applies, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of private international law. Exceptions are mandatory consumer protection rules of the country in which the consumer resides temporarily or permanently. The language of the contract is Croatian, and the implementation of the contract is also conducted in Croatian.

 

Jurisdiction and place of fulfillment
The place of jurisdiction and the place of fulfillment is the residence of the seller if the buyer is an entrepreneur, a legal entity under public law or a special public law fund. Legal provisions shall apply to consumers.