Terms of Services

TALON VERT d.o.o., VAT number (OIB): 00552234236, Garićgradska ulica 9, Zagreb, Croatia, represented by the Director, Ms. Iva Udiljak (hereinafter: the Seller)

GENERAL TERMS AND CONDITIONS

Article 1

General provisions

These General Terms and Conditions regulate the terms and procedure of Internet sale of goods through the website www.talonvert.com.

These general terms of sale of goods (hereinafter: the Terms) are an integral part of all sale and purchase agreements (hereinafter: the Agreement) that the Seller concludes with its buyers during the normal course of business activity, which, among other things, consists in selling goods via online shop by registering for information society services.

The Seller will publish these terms, as well as any amendments thereto, on the website www.talonvert.com through which online trading services will be provided.

Article 2

Offer and conclusion of the Agreement

The Seller will publish photos of the goods via online shop on the website www.talonvert.com.

An interested buyer will be able to click on the photo of each product to see additional product specifications - material, color, available size, as well as the price of the product.

The Seller is obliged to make visible the availability of the product for delivery, and especially, before redirecting the buyer to the payment page, confirm that the product is available for delivery.

The price indicated on the product is final and true price of the product for which the buyer has the possibility to buy the product. It does not contain any hidden and other costs, except the cost of delivery, which is calculated depending on the state to which the delivery will be carried out. The price of delivery will be visible in the final amount and clearly separated from the price of the product, at the latest during the payment on the page to which the buyer will be redirected for the payment.

The publication of the product by the Seller is considered an invitation for the buyer to make an offer for the conclusion of the agreement.

The interested buyer, after contacting the Seller via web link for ordering from the Seller, will receive confirmation of the available shoe sizes and the price of the product.

The sale and purchase agreement is concluded at the moment when the buyer pays the price of the selected product.

The offer and the acceptance, as well as all other expressions of intent undertaken electronically, are received when the person to whom they are addressed can access them.

The obligation of the Seller, i.e. the object of the sale, that the Seller is obliged to meet, will be defined exclusively by the Agreement.

All sales of goods will be carried out according to these General Terms and Conditions, unless something else is specifically contracted with certain buyers, in the form of an agreement concluded in electronic form.

Sketches, drawings, photographs, data on measures and other specifications except those listed in price lists of the Seller are only approximate and not binding.

Article 3

Delivery of goods

The delivery is carried out by Hrvatske pošte d.d. to the address of the buyer that the buyer submitted to the Seller before or at the moment of signing the Agreement.

The Seller undertakes to hand over the goods to the postal service provider within one working day from the date of payment of the invoice by the buyer, or on the date on which the payment carried out by the buyer is visible on the Seller's bank account.

The cost of delivery will correspond to the price of the product on the link to which the buyer will be redirected during the payment. The price of the product and costs related to the delivery will be indicated clearly and separately.

The delivery of goods to the buyer by the Seller is completed at the time of handing over the goods to the postal service provider.

The Seller is not responsible for damage, injury and destruction of the goods arising in the transport from the time when the goods are handed over to the postal service provider.

The Seller will take all necessary measures in order to ensure more accurate compliance with the agreed delivery dates.

If the delivery is not possible due to force majeure, war, conditions similar to war or other extraordinary external events such as for example, but not limited to, interruption or stoppage of transport, and that the Seller could not prevent or avoid, the Seller is not obliged to meet the obligation and carry out the delivery. The Seller also has the right to terminate the Agreement without paying additional fees and/or expenses that the buyer had in this regard. In both cases, the Seller is obliged to refund promptly the buyer the price of the product, including the cost of delivery. All possible further claims of the buyer in these cases are entirely excluded.

The buyer with his/her signature on the bill of lading, delivery note or other appropriate document of receipt, in accordance with the rules of the particular postal service provider, takes over the goods on the basis of their outward appearance as in good condition. A delivery note or other document referred to in this paragraph will be signed in a way that it contains a clear indication of the name and surname of the person signing and the identity card number.

Article 5

Prices

The price of the product is indicated without value added tax (VAT). VAT is calculated in accordance with the applicable regulations of the Republic of Croatia.

The shop Talon Vert is not in the VAT system, and therefore VAT is not charged on the basis of Article 90, paragraph 2 of the Value Added Tax Law.

The Seller reserves the right to change the price in the case of changes of basic parameters affecting the formation of the price such as movements in the exchange rate of HRK against EUR.

In the case of price correction, the Seller must indicate unequivocally and clearly the above mentioned to the buyer before redirecting him/her to the payment.

If the buyer carries out the payment of the adjusted price within deadline as provided in these General Terms and Conditions and the Agreement, it is considered that he/she accepted the adjusted price.

Article 6

Special forms of sale

The Seller can sell products at a reduced price in cases such as seasonal discounts, lower prices if products are damaged or sell the last copy of a product with certain specific characteristics (for example, the size of the product).

If the price is lowered due to damage to the product, the Seller will clearly indicate that damage and point out that the price is adjusted due to damage to the product.

Article 7

Payment

Invoicing is carried out via PayPal within 30 days from the date of the Agreement. The invoice will be sent to the buyer together with the product.

The Seller confirms that the invoice referred to in paragraph 1 of this Article will contain all the elements required by the Accounting Act and other applicable regulations of the Republic of Croatia.

Payment is carried out via web link to which the buyer will be redirected after selecting the desired product.

The currency of the obligation is EUR (Euro), in HRK equivalent according to the middle exchange rate of the Croatian National Bank at the date of payment.

Compliance with the agreed deadline of payment is an essential condition to carry out the delivery or perform the Agreement by the Seller.

Article 8

Prior to payment, the buyer is required to register with his/her e-mail address using the form that will be visible after selecting a product.

For the purpose of registration, no other personal data will be required from the buyer other than those required for carrying out the payment via PayPal service used by the Seller.

Article 9

Retention of title

The Seller is the sole owner of the goods until the full payment for the goods is carried out, including any interest and other costs.

If the buyer does not fulfill his/her obligations under the Agreement in the agreed manner, the Seller has the right, at all times, to demand the return of delivered goods, while the buyer is obliged to return the goods without delay and in the condition in which the goods were delivered.

If the goods cannot be returned for any reason other than force majeure, if the goods are returned damaged or if the goods are not returned, due to non-performance of the obligation to return the goods the buyer is obliged to pay to the Seller the contractual penalty in the amount calculated in a way that the cost of intermediaries will be deducted from the price of the product. The amount so obtained will be invoiced to the buyer. The buyer will also be obliged to compensate any greater damage sustained.  

Article 10

Complaints and return of goods, product defects

If during the take over of the product by the buyer a visible damage to the product is found, for example, but not limited to, the size that is different from the size ordered, external scratches, the color that is different from the color ordered and similar, the buyer is obliged, within eight (8) days from taking over the product, to contact the Seller and keep the packaging until the complaint is fully resolved. Otherwise, the complaint will not be accepted.

In order to return the goods for which the complaint is submitted, it is necessary to obtain the prior written consent of the Seller.

Upon request of the buyer, the Seller will approve the possible return of the product on the basis of the complaint while respecting the following cumulatively fulfilled conditions: there is no damage on the goods other than the damage that is the reason of the complaint, the goods are contained in the original packaging and are not used in any way, and the request for the return was placed within eight (8) days from the delivery of the goods;

In the case of justified complaint, the cost of returning the goods to the Seller and the cost of sending a valid product to the buyer after accepting the complaint will be borne by the Seller.

After determining the merits of the complaint by the Seller, possible additional costs of the analysis and other costs incurred on the basis of the complaint will be borne by theSeller if the complaint is founded.

Inappropriate shoe size will not be considered as complaint if the buyer ordered precisely that size that was delivered to the buyer, but later found that he/she needed another size. In this case, the cost of returning the goods to the Seller and the cost of sending another item of the appropriate size will be borne by the buyer.

If, after the receipt of the product by the buyer, it is found that the product has a defect that could not be detected by ordinary examination during the take over, the buyer is obliged to inform the Seller thereof within 2 months from the date the defect was discovered, unless the buyer proves that the defect was or must have been known to the Seller, in which case the buyer is not bound by the deadline of two months to inform the Seller of the defect.

The Seller is not responsible for hidden defects that occur within two years, except the defects for which the Seller knew or should have known.

In all other cases, the Civil Obligations Act is applied to the responsibility of the Seller for material defects.

Article 11

Agreement termination

The Seller reserves the right to terminate unilaterally the Agreement in the event that the buyer violates the obligations under these General Terms and Conditions and the concluded Agreement, especially if he/she does not settle the invoice within 30 days from the date of invoice. In this case, the Agreement will be terminated without period of notice.

The buyer is entitled to terminate unilaterally the Agreement within 14 days from the date of the Agreement, without giving any reason.

If the buyer terminates the agreement within 14 days from the date of the Agreement, the Seller is obliged to refund the purchase price received no later than 14 days from the date of the buyer's notification of termination.

In both the above cases, the Agreement shall be considered terminated at the time when the other Contracting Party receives a written termination sent by the other Contracting Party via e-mail to the address support@talonvert.com.

Article 12

Intellectual property rights and data protection

The buyer is not allowed to register, use or otherwise exploit the company of the Seller, any trademarks, trade names, service marks, or any other trademarks, copyrights, name of any product under this Agreement, as well as Internet domain names, URL or any part thereof.

The buyer is not allowed to change the logo and product codes, as well as other proprietary and legal codes that appear either on the product itself or on its packaging, including supporting documentation.

The Contracting Parties will keep confidential all information in connection with this Agreement and the execution of rights and obligations under this Agreement, and which the Contracting Parties learned in fulfilling the obligations and exercising the rights under this Agreement. The obligation to protect confidential information obliges permanently the Contracting Parties.

By signing the Consent to the Processing of Personal Data and the Consent to Electronic Communications, the buyer authorizes the Seller to collect, store and process personal data about the buyer and the course of sale, all in accordance with the regulations on personal data protection and other applicable regulations, as well as to send the buyer electronic messages, in accordance with the Electronic Communications Act and other applicable regulations.

Article 13

Consumer complaints

If the buyer wants to submit a complaint, this can be done by sending a letter to the following address:

Talon vert d.o.o., Garićgradska 9, 10 000 Zagreb, Croatia,

or via e-mail address: support@talonvert.com

The Seller agrees to respond to a consumer complaint in writing, no later than 15 days from the receipt of the complaint.

The Seller agrees, upon receipt of each individual consumer complaint, to confirm to the consumer the receipt of the complaint.

Article 14

Communication and customer support

The Seller confirms that information about services or assistance offered to the buyer will be provided exclusively via the following contact details:

support@talonvert.com

TALON VERT d.o.o., Garićgradska 9, 10 000 Zagreb, Croatia

Article 15

Final provisions

All matters arising out of or related to these General Terms and Conditions and all agreements that under these General Terms and Conditions the buyers conclude with the Seller will be regulated by the law of the Republic of Croatia.

The Contracting Parties will try to resolve amicably all disputes related to the application and/or interpretation of these Terms and/or the concluded Agreement. If this will not be possible, the Contracting Parties agree upon the jurisdiction of the competent court in Zagreb.

The titles of sections and articles serve only for easier orientation and do not affect the interpretation of the provisions of these General Terms and Conditions.

These General Terms and Conditions form an integral part of the concluded Agreement and are binding for the Contracting Parties.

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